Law in Scotland is different from England & Wales you cannot use tenancy agreements or notices intended for England & Wales in Scotland or vice versa.

• Scotland - Scottish Tenancy Agreement is to be used with a form AT5. As set out by the Housing (Scotland) Act 1988.
• Form AT5. Notice under section 32 of the Housing (Scotland) Act 1988 to be served on a prospective tenant of a short assured tenancy.
• Form AT6. Notice under section 19 of the Assured Tenancies Housing (Scotland) Act 1988 as amended by paragraph 85 of schedule 17 to the Housing Act 1988 of intention to raise proceedings for possession.
• Notice to Quit for Assured & Short Assured Tenancies. This notice must be served in conjunction with a section 33 notice (for Short Assured tenancies only) and an AT6 (for Assured and Short Assured Tenancies.
• Notice to Terminate. Notice of landlord's requirement to possession of property at termination of short assured tenancy under Section 33 of the Housing (Scotland) Act 1988 Section 33(1) (d) as amended by paragraph 85 of schedule 17 the Housing Act 1988.

If the tenant dies, do his family have to leave? If the husband or wife or anyone living as husband or wife of an original tenant (an 'original tenant' being someone who has not himself or herself succeeded on the death of a tenant to the tenancy) was living in the house immediately before the tenant died, he or she must get the tenancy, which will be a statutory assured tenancy.

But, for example the tenancy cannot be passed on after its succession except by agreement between landlord and tenant. For example when negotiating tenancy terms with a landlord a tenant should, if he wants to, try to agree with the landlord on some succession rights for his family.

If a tenant leaves the house to live elsewhere does the tenant's spouse have to give up possession of the house?  Not necessarily. The spouse may have a right to remain in the house. In these circumstances legal advice should be sought.

Can an assured tenant sublet part of his house? A tenancy agreement may permit subletting or may prohibit it. If subletting is not covered in a tenancy agreement, a tenant should consult his landlord to obtain his consent to sublet.

Does a subtenant have to leave if the landlord obtains a possession order for the house of the main tenant? A possession order granted by the sheriff may not extend to any lawful assured subtenant. In these circumstances you should seek legal advice.

Grounds 1 to 6 are only applicable if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground, unless the Sheriff judges it to be reasonable to dispense with this requirement.

Ground 2: There is a mortgage over the house and the lender, for example a bank or building society, is entitled to sell the house because the landlords have not abided by conditions of the mortgage.

Ground 3: The house or room was let for a specified period of 8 months or less and was occupied for a holiday during the previous 12 months. (This is likely to be an off season letting of a house which is normally let for holidays during the high season).

Ground 4: The house or room was let for a specified period of 12 months or less and was let to a student by a university, central institution, or other specified educational institution during the previous 12 months. The educational institutions concerned are specified by the Secretary of State. (A bit like ground 3, this is likely to mean that the accommodation has been let by the university or other similar educational institution only because for a time it was not needed for students - for example, out of term-time.)

Ground 5: The house or room is normally held for use by a minister or full-time lay missionary in connection with his work and the sheriff is satisfied that the house or room is again required for this purpose.

Ground 6: The landlord needs to have possession in order to carry out demolition or reconstruction or substantial works on the house, and the work can be carried out only if the tenant gives up possession, or (if the work could have been carried out if the tenant agreed either to a change in the terms of his tenancy or to accept a tenancy of only part of the house) the tenant has refused the alternative. If possession is granted on this ground the landlord must pay the tenant reasonable expenses for removing. This ground will not apply if the landlord became the landlord after the beginning of the tenancy by buying the house or otherwise acquiring it for value.

Ground 7: The tenancy has been succeeded to by the new tenant under the will or intestacy (disposal of property where no valid will was left) of the original tenant. If possession is sought on this ground proceedings must begin within 12 months of the death of the original tenant or of the date on which the landlord learned of his death. The acceptance of rent from a new tenant will not affect the landlord's right to repossess unless he agrees in writing to a new rent or to a change in the tenancy agreement. This ground does no t apply if a spouse inherits the tenancy under the will or intestacy of a tenant who was the original tenant (that is someone who did not himself succeed to the tenancy).

Ground 8: At least 3 months’ rent is in arrears both on the date on which the notice of proceedings was served and at the date of the court hearing.

Grounds 9 to 17 - What are these discretionary grounds?

If one of the following grounds is established the sheriff may grant the landlord possession, but only if he believes it is reasonable to do so.

Ground 9: Suitable alternative accommodation is available or will be available for the tenant when repossession takes place. What does this involve?

• a. A certificate signed by a recognised official of a local authority or Scottish Homes stating that the body concerned will provide suitable alternative accommodation by a certain date will be accepted by the sheriff as conclusive evidence that suitable alternative accommodation is available; or
• b. if that type of certificate cannot be provided then:
• i. An assured tenancy of a separate house with a reasonably similar degree of security of tenure is made available, and is suitable to the tenant and his family in how near it is to the place of work of the tenant and is suitable in its size and rent; and
• ii. The alternative accommodation would not be overcrowded after the tenant and his family take up residence.

 If the landlord is granted possession on this ground he must pay the tenant's reasonable expenses of removing.

Ground 10: The tenant has given a notice to quit which has expired and yet has stayed on in the house. An order for possession on this ground must be sought by the landlord not later than 6 months after the expiry of the notice to quit.

Ground 11: The tenant has persistently delayed paying rent. This ground still applies even if the tenant is not in arrears at the start of court proceedings.

Ground 12: Some rent is unpaid at the start of court proceedings and at the time of serving of the notice of proceedings.

Ground 13: Any obligation of the tenancy other than the obligation to pay rent has been broken by the tenant.

Ground 14: The tenant has allowed or caused damage to the house or common parts of the building in which the house is situated.

Ground 15: The tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted by a court of immoral or illegal use of the premises.

Ground 16: The tenant has damaged the furniture or allowed it to become damaged.

Ground 17: The house was let to the tenant because he was employed by the landlord and the tenant is no longer employed by the landlord.

General: If the tenant dies, do his family have to leave? If the husband or wife or anyone living as husband or wife of an original tenant (an 'original tenant' being someone who has not himself or herself succeeded on the death of a tenant to the tenancy) was living in the house immediately before the tenant died, he or she must get the tenancy, which will be a statutory assured tenancy.

But, for example the tenancy cannot be passed on after its succession except by agreement between landlord and tenant. For example when negotiating tenancy terms with a landlord a tenant should, if he wants to, try to agree with the landlord on some succession rights for his family.

If a tenant leaves the house to live elsewhere does the tenant's spouse have to give up possession of the house?  Not necessarily. The spouse may have a right to remain in the house. In these circumstances legal advice should be sought.

Can an assured tenant sub-let part of his house? A tenancy agreement may permit sub-letting or may prohibit it. If sub-letting is not covered in a tenancy agreement, a tenant should consult his landlord to obtain his consent to sub-let.

To obtaining possession lawfully YOU must do 3 things:

• 1. Serve on the tenant a notice to quit if the tenancy is a statutory assured tenancy, this will almost certainly have been done when the original contractual tenancy was terminated - it may not have been if the statutory assured tenancy arises through succession.
• 2. serve on the tenant a notice of proceedings indicating he is taking proceedings to gain possession; and
• 3. Obtain an order for possession from the sheriff court.

What is a notice to quit? A notice to quit is a written document served by a landlord on a tenant or by the tenant on a landlord, which brings the contractual tenancy between them to an end.

When can a Notice to Quit be served?  A notice to quit cannot take effect before the expiry date of the tenancy agreement.

If the landlord serves a notice to quit, does the tenant have to leave? No but he may continue in occupation until the landlord obtains an order for possession.

Does the notice to quit have to be in any particular form? No, but to be valid a notice to quit must be in writing and it must have an expiry date.

What period of notice does a notice to quit have to give?  a. by the week, fortnight or month, at least 4 weeks; b. by the quarter (3 months), at least 31 days; and c. by the year, at least 40 days. A longer period of notice than the above may be written into the tenancy agreement between tenant and landlord if they wish but the period of notice cannot be any shorter no matter what the tenancy agreement says.

What is a notice of proceedings?  This notice informs a tenant that the landlord intends to start proceedings in court to obtain a court order for possession of his home. It must:

• a. set out the ground or grounds on which the landlord is seeking possession; and
• b. gives particulars of the ways in which he believes that the ground or grounds apply.