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Eviction

Landlords have to follow special legal procedures in order to evict tenants. This section tells you about the procedures they must follow and what your rights are. It also has advice on what to do if you are facing eviction.

Whether you can be evicted and how will depend on what kind of tenancy you have. Check your tenancy type if you aren't sure.

If your landlord has told you to leave, get advice immediately. Call Shelter Scotland's free housing advice helpline 0808 800 4444 or use the Advice Services Directory to find a Citizens Advice or other local advice centre in your area.

Housing laws differ between Scotland and England
This content applies to Scotland only
Get advice if you're in England

SECTION CONTENTS

  • Help! I'm being evicted

    This page tells you what you can do if your landlord has asked you to leave your home, and looks at how you can get help.

  • Preventing eviction

    There are several things you can do to prevent eviction. This page has some practical suggestions.

  • Eviction of council tenants

    Councils have to follow certain procedures to evict tenants. Check what you can do to avoid eviction. This includes their temporary homeless accommodation.

  • Eviction from housing association/co-op

    Housing associations and housing co-ops have to follow special legal procedures to evict their tenants. This is the same legal procedure that councils must follow.

  • Eviction of private tenants

    Before a private landlord or letting agency can evict you from your home, they have to follow special procedures. This section explains when you can be evicted and the steps that must be followed.

  • Eviction of common law tenants

    If you have a common law tenancy you still have some protection against eviction. You will probably be a common law tenant if you share your accommodation with your landlord live in university halls of

  • Eviction from a mobile home

    If you rent or own a mobile home and rent a pitch to station it on you will have some protection against eviction. Check what you can do if your landlord or the site owner

  • Eviction of agricultural tenants

    Your rights will depend on the kind of tenancy you have and what stage your lease is at when you are asked to leave.

  • Eviction of agricultural occupiers

    This page explains your rights if you are an agricultural worker and live in tied accommodation (provided as part of your job) and your employment comes to an end.

  • Eviction of crofting tenants

    In certain circumstances, crofters can be evicted. Find out what your rights are and what you might be able to do to avoid eviction from your croft.

  • Eviction of other tenants

    For subtenants, students in halls, if your home comes with your job, council temporary housing, a hostel or refuge, supported accommodation or you live with friends or relatives.

  • Eviction if you're disabled

    If you have a disability, you have extra protection against eviction. This is to prevent your landlord from treating you unfairly because of your disability.

  • Eviction of Gypsies/Travellers

    Your rights if you're a Gypsy/Traveller and have been asked to leave a site.Explains your rights on different sites, and looks at what you can do if the police get involved.

  • Going to court for eviction

    What happens if your landlord applies for an order to evict you. It includes information about the summons from the sheriff court, what happens in court and decisions the court can make.

  • Sheriff officers

    Most tenants can only be evicted if their landlord gets an eviction order from the court. Your landlord still doesn't have the right to make you leave, but they can get sheriff officers to evict you.

  • Illegal eviction and harassment

    Illegal eviction is when a landlord tries to evict a tenant without following the correct procedure. Find out more about illegal eviction here.

  • Eviction due to demolition or compulsory purchase

    If your landlord has a notice and they must demolish your home, or it will be bought by a public authority, you will probably have to move out.You still have rights and may be due compensation.

Speak to a Shelter Scotland adviser

Call Shelter Scotland's free housing advice helpline

0808 800 4444

Open Monday to Friday, 9am-5pm. Free from all landlines and most mobile networks.