This content applies to Scotland only.

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

If you rent from a private landlord and have an assured tenancy, you can only be evicted if your landlord follows the correct procedures. This page explains when landlords have the right to evict assured tenants and the procedures that must be followed.

If you are worried about eviction, an adviser may be able to tell you what your rights are and whether 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 steps they must follow. You can find out more about the eviction process below.

About the eviction process

In most cases your landlord will need to follow the steps below in order to evict you. However, in a few cases, a landlord might be able to skip serving you a notice to quit (see below) . If you have any doubts you should get advice as soon as possible. The process is as follows:
 

• You will be served with a notice to quit.
• You will be served with a notice of proceedings.
• You will be sent a summons telling you when your case will be heard in court.
• Your case will come to court.
• Sheriff officers will be sent round to remove you from your property.

Remember:

• This process takes a long time, and it may be possible to stop or delay the process at any time. 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 to quit?

A notice to quit is a written document notifying you that your landlord wants to end your tenancy. You do not have to leave your home if you have received a notice to quit. Your landlord will have to get an order from the court before you may have to leave.

What should I do if I get a notice to quit?

If you receive a notice to quit, talk to your landlord. They may issue a notice to quit at any time and may not intend to end the tenancy in the near future. For example, they may be issuing you with a notice to quit because they want to change the terms of your tenancy agreement. In addition, issuing a notice to quit in advance saves time if they do want to end the tenancy in the future.

What should a notice to quit contain?

For a notice to quit to be valid it must:

• be in writing
• state the length of notice you have been given
• state that once the notice has run out, the landlord still has to get an order from the court before you have to leave
• notify you that you can seek independent advice about the notice and tell you where you may be able to get advice from.

The length of notice you have to be given depends on how long your tenancy is for:

• If your tenancy lasts for more than four months, the minimum notice period is 40 days.
• If your tenancy lasts for four months or less, the notice period should be at least one-third of the length of the tenancy, and no less than 28 days.

Does my landlord have to serve me a notice to quit?

The quick answer to this would be yes, your landlord does need to serve you with a notice to quit. However, there can be times when a landlord can skip the serving of a notice to quit. Below are a few examples of when and when not your landlord needs to serve you with a notice to quit:

• If you don't have a written tenancy agreement your landlord will have to serve you a notice to quit that ties in with the ish date.
• If your landlord has already brought your tenancy to an end by serving you with a notice to quit and your tenancy is continuing month by month, then they don't have to serve another notice to quit, instead they will need to serve you with AT6 form (see below) stating a the ground that they want to evict you with.
  
• If you have not been served with a notice to quit and have an ongoing written tenancy agreement then your landlord can try to evict you using particular grounds, this depends what is written into the tenancy agreement. Those grounds are numbers 2, 8, 11-14 and 16.

This can be a confusing and complex area of housing law so it is best to seek advice if you have any questions.

What it is a notice of proceedings (AT6)?

in addition to a notice to quit, your landlord must also send you a notice of proceedings. This can be sent at the same time as the notice to quit, or at a later date. If the two notices are sent at the same time, the notice periods will run at the same time.

A notice of proceedings is a document telling you that your landlord wants to start legal proceedings to get their property back. It should be on a special form called an AT6. You can see what an AT6 should look like here.

What should a notice of proceedings (AT6) contain?

For a notice of proceedings to be valid it must state:

• the reasons or grounds why the landlord wants their property back
• information about these reasons and how they apply to you.

There are 17 different grounds that a landlord can use to try to have you evicted. If your case goes to court, the sheriff uses these grounds to decide if you should be evicted. You can find out more about each ground that can be used here.

The length of your notice will depend on the grounds being used. Your landlord must wait until your notice has run out before they can ask the sheriff court for a date to hear your case.

For example:

• If your landlord wants to evict you to carry out building work on the property, they will have to give you two months' notice before they can take legal action.
• If your landlord wants to evict you because you have three months' worth of rent arrears, they have to give you two weeks' notice before they can take legal action.

Your landlord then has six months from the date that your notice runs out to contact the sheriff court. If your landlord has not started legal proceedings (i.e. 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.

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 after you receive the summons. 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.

Section 11

If your landlord does serve you with an summons they also have to serve a notice on your council, this is called a section 11 notice, and it informs the council that your landlord intends to evict you from the property and you could end up being homeless.

When the council receives the notice they may get in touch to offer to help you. Depending on your situation, the council could offer to intervene and try and stop the evict or give you advice regarding your housing options if you do become homeless.

If you are a landlord find out more about your rights and responsibilities here

Going to court

If you are unable to 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.