Going to court for eviction

This content applies to Scotland only.

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

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

If you are not sure of your rights, get advice immediately from a Shelter advice centre, Citizens Advice, the council or other local advice centre. Use the Advice Services Directory to find agencies in your area.

The summons

The summons is the document that will be sent to you by the court if your landlord has asked for a court order for your eviction. This page tells you more about the document and what you should do if you receive one.

Getting help at court

If your landlord is taking you to court to evict you, it's very important that someone attends the court hearing and speaks on your behalf. You can do this yourself, or you can ask an adviser or solicitor to represent you. This page looks at how you can find a representative.

The sheriff court

The sheriff court hears cases about eviction, tenants who owe their landlord money and small claims. This page contains more information about what you can expect if you have to go to court.

Eviction court procedure

This page contains information about what happens during an eviction hearing and what you can expect if you have to go to the sheriff court.

If decree is granted

If you weren't in court when the sheriff granted eviction order and there was no-one there to represent you, you may be able to get your case heard again and the decision changed. If you did go to court, in certain circumstances you may be able to appeal the court's decision. You will need to get specialist advice to proceed with these options.


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