This content applies to Scotland only.

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

This page explains what should happen if you rent your property from a private landlord and you're at risk of eviction due to the landlord defaulting on his mortgage. The main thing to remember is that you can't just be thrown out because the mortgage lender was not aware of you being in the property.

How will I know if the property is going to be repossessed?

When a mortgage lender starts proceedings to repossess a home, it must send a copy of any legal notice that is being sent to the borrower to any other people living in the home. This will usually be addressed 'to the occupier'.

If you have received a notice addressed to the occupier, talk to an adviser immediately. 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..

What are my rights if I'm a tenant?

If you are a tenant of a landlord whose property is subject to a repossession order, it does not mean that you have to automatically leave the property. The landlord's lender would have to seek to evict you in the same way as a landlord has to. The section on eviction from private rented accommodation explains the eviction process and what you can do to delay or stop the eviction. You don't have to leave until the lender has got an order from the sheriff court to evict you. However, the repossession of the property is a 'mandatory ground' for eviction, which means that the sheriff has to grant an order for your eviction and can't use their discretion to allow you to stay on.

If you get a notice of an impending notice to remove, or the sheriff officers turn up at your door and request you leave the property, the best course of action would be to contact the lender and tell them that you are a tenant in the property. Hopefully this should stop the impending action. However, if the lender will not recognise you as a tenant, or states that you will have to leave regardless, contact an advice centre or a solicitor.