Housing (Scotland) Bill

Closes 18 Jul 2025

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Ending joint tenancies - requirement for a pre-notice

Related information

The Housing (Scotland) Bill requires the pre-notice to:

  1. be in writing
  2. state that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1) of the Private Housing (Tenancies) (Scotland) Act 2016
  3. fulfil any other requirements prescribed by Scottish Ministers in regulations

 

These regulations would allow for a pre-notice to include specific additional information, be in a prescribed form and given to the other joint tenants in a particular way. We are seeking your views on making use of these regulations. For example regulations could:

  • create a statutory form for the pre-notice that must be used – this would ensure consistency of approach and information all joint tenants and landlords receive where this process is used
  • ensure all joint tenants are provided with information about their rights and the stages of ending a joint tenancy without mutual agreement – this would support the effective operation of the new measures
  • require that the notice is given in a particular way for example, recorded delivery or by Sheriff officer – this would provide evidence that the pre-notice had been served. There would be a cost involved where recorded delivery or a Sheriff Officer was used

 

32. What additional information do you think should be included in a 2-month pre-notice?

For example information on the process, signposting to advice and support available.

33. Do you think a legal form (sometimes known as a prescribed form) should be created that a joint tenant must use for issuing the pre-notice?
34. Do you think that the pre-notice should be sent by the tenant initiating the end of the tenancy in a specific way to the other joint tenants, for example recorded delivery or by Sheriff Officer?