There is currently no formal abandonment procedure for the Private Rented Sector under the Housing (Scotland) Act 1988 (1988 Act).

Despite the property appearing abandoned, generally private landlords have no legal right to recover the property in absence of a court order.

The Private Rented Tenancies (Scotland) Act 2016 (2016 Act) introduced a new type of tenancy called the Private Residential Tenancy (PRT). One of the benefits of the new tenancy is that abandonment by the tenant is a basis upon which the landlord can terminate the tenancy.

Landlords often consult us for advice regarding how best to proceed where a tenant appear to have abandoned the property. Historically, there has always been the risk that the tenant could return and claim s/he had been unlawfully evicted. The 2016 Act will provide the solution to that problem.

Paragraph 10 of Schedule 3 to the 2016 Act provides that where the tenant no longer occupies the property as their only or principal home the landlord can serve a notice to leave giving only 28 days' notice.

Once the notice to leave expires the landlord can apply to the First-tier Tribunal Housing and Property Chamber for an eviction order. The Tribunal must grant an eviction order if satisfied that (a) the let property is not being occupied as the only or principal home of the tenant or a person to whom a sub-tenancy of the let property has been lawfully granted, and (b) lack of occupation is not a result of the Landlord's breach of the Repairing Standard.

The question on all everyone's mind will be: How quickly can the First-tier Tribunal turn around an eviction action?

As matters stand, if the action is undefended, it can take around 2 months between the application first being lodged with the Tribunal and the first hearing date, at which point the order can be sought.

For more information or advice about the new abandonment procedure, please contact our experienced team.