This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

This page explains the correct legal procedures that councils, housing associations and housing co-ops must use to evict tenants. It may be possible to stop the process at any stage, so get advice as soon as possible.

If you are worried about eviction an adviser may be able to tell you what your rights are and tell you if it might be possible to stop or delay your eviction. You can get advice from a Shelter advice centre or Citizens Advice, your local council or other local advice centre. Use the Advice Services Directory to find agencies in your area.

When can I be evicted?

You can only be evicted once your landlord has got an order from the sheriff court stating that you have to leave the property.

Before your landlord can get a court order there are a number of steps they must take. You can find out more about the eviction process below.

However, if your landlord thinks that you no longer live in the property they do not always have to follow eviction proceedings to take the property back. They could also take abandonment proceedings, which are different to the eviction process.

About the eviction process

The eviction process breaks down into the following steps:

• you and anyone living in your house who is over 16 will be sent a notice of proceedings
• your landlord will start legal proceedings and you will be sent a summons telling you when your case will be heard at court
• your case will come to court
• the sheriff grants a decree for eviction
  
• sheriff officers will be sent round to remove you from the property.

Remember:

• It may be possible to stop or delay the eviction process. An adviser will be able to tell you if this is likely. Use the Advice Services Directory to find a Shelter advice centre or Citizens Advice or other agency in your area.
• If your landlord doesn't follow the correct procedure for evicting you, the eviction will be illegal and you may be able to stay in your home or get compensation. Find out more about illegal eviction here.

What is a notice of proceedings?

A notice of proceedings is a legal document, which starts the eviction process.

It should tell you:

• that your landlord intends to get an order from the sheriff court for you to leave the property
• the earliest date that the landlord can contact the court to request a court date (this must be at least four weeks away)
• the reason(s) or ground(s) for your landlord wanting to evict you.

A notice of proceedings is valid for six months. If your landlord has not started legal proceedings (ie asked for a court date) within six months of the date stated on the notice, they will have to start the process again by sending you another notice of proceedings.

Who will the notice of proceedings be sent to?

A notice of proceedings must be sent to each person living in your house who is over the age of 16. Everyone in the house, over 16, is called a qualifying occupier. Your landlord must try their best to find out if there are any qualifying occupiers in your household. If they fail to do this, it means that they have not followed the proper eviction procedures and the sheriff might make them start again.

What should I do if I get a notice of proceedings?

Don't ignore it! Contact your landlord to find out why they have sent it.

The landlord must have a reason or ground for sending you a notice of proceedings. Once you know what the ground is, you may be able to do something to stop your case going to court. For example:

• If you have rent arrears, you could come to an arrangement to clear them.
• If you are waiting for housing benefit, you could provide proof, such as a receipt for handing in your claim form.
  
• If there have been incidents of antisocial behaviour, you can promise that it will not happen again.

See the pages on preventing eviction and dealing with rent arrears for more information.

Remember that if you break an agreement, your landlord will be able to ask for a court date at any time within six months of the date on the notice of proceedings.

In some cases, your landlord can only evict you from your home if they can offer you somewhere else to live of a similar standard. You can find out more about this on the page about grounds for eviction.

Short Scottish secure tenants

If you have a short Scottish secure tenancy (SSST), your landlord can ask for a court order when your tenancy runs out without having to provide a good reason. Find out if you have an SSST and read more about eviction of short Scottish secure tenants here.

What is a summons?

A summons is a letter from the sheriff court to tell you that your landlord has asked for a court order for you to be evicted. Before a court order can be granted, your case must be heard at the sheriff court.

The summons should include the date of the court hearing, which should be at least three weeks away. It usually takes at least seven weeks from the notice of proceedings being served to the case calling at court.

You can find out more about the summons here.

If you have received a summons, get advice. An adviser may be able to help you prepare for court or put you in touch with someone who can go to court for you. You can get advice from a Shelter advice centre or Citizens Advice, your local council or other local advice centre. Use the Advice Services Directory to find agencies in your area.

Going to court

If you can't sort things out with your landlord, you will have to go to court. You have a right to defend yourself against the eviction at court, and anyone living with you has a right to apply to the court to take part in the court proceedings as well. Their situations should also be taken into account when your case is being decided.