Housing (Scotland) Bill

Closes 18 Jul 2025

Requirements for serving the final notice to leave on the landlord

Related information

The amendment to the Bill would also provide the Scottish Ministers with regulation-making powers to enable them to set out other requirements in relation to the way in which the 28 day notice is served on the remaining joint tenants. We are also seeking views on what further requirements would support the effective operation of this aspect of the provisions. For example, should we specify how the copy of the notice is sent i.e. recorded delivery, by Sheriff Officer and should the notice to leave be accompanied by evidence that a copy of the notice has been sent.

35. Do you think the tenant initiating the ending of the tenancy should be required to provide evidence that the pre-notice has been sent alongside the notice to landlord?

For example, proof of email, postage, or information that shows it has been served by a Sheriff Officer. 

36. Do you think that the copy of the 28 day notice to the landlord should be sent by the tenant initiating the ending of the tenancy in a specific way to the other joint tenants, for example recorded delivery or by Sheriff Officer?
37. Do you think the tenant ending the tenancy should be required to give evidence to the landlord that a copy of the 28 day notice has been sent to all other joint tenants? For example, proof of email, postage or by served by Sheriff officer.