This content applies to Scotland only.

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

If you do not make sufficient payments towards clearing your rent arrears, your landlord will have the right to try to evict you. Your landlord cannot just throw you out of your home; the correct legal procedures must be followed.

The procedures your landlord must follow are different depending on the type of tenancy you have. Some tenants can be evicted more easily than others. If you're not sure what kind of tenancy you have, use our tenancy checker to find out.

Scottish secure and short Scottish secure tenants

If you rent your home from the council, a housing association or housing cooperative, you will probably have a Scottish secure or short Scottish secure tenancy agreement. This means your landlord must have a reason (or 'ground') to evict you. Rent arrears are one of these grounds. The sheriff will look at your circumstances and decide whether or not it is reasonable to grant an eviction order.

Factors the sheriff will take into account include:

• the amount of the arrears
• the likelihood of your being able to repay the arrears and meet future rent repayments
• the reasons for the arrears arising, for example, illness, sudden loss of employment or problems with housing benefit
• what the landlord has done to try to collect the arrears
• what the consequences of eviction will be for you and your family, for example, will you be homeless and how easy will it be for you to find new accommodation?
• the length of time you have been a tenant and your record as a tenant before the arrears arose
• if you have a joint tenancy, whether only one of the tenants is responsible for the arrears - in this case an 'innocent' tenant who has been paying their share of the rent may not be evicted.

Assured and short assured tenants

If you rent your home from a private landlord you are probably an assured or short assured tenant. If you have rent arrears, your landlord is entitled to serve a notice and apply to the court for an eviction order.

TIP! If you receive a notice, get it checked by an adviser at a Shelter advice centre or Citizens Advice. If it isn't valid, your landlord can't go ahead with the eviction procedure and will have to serve you a new, valid notice.

Assured tenants

• If you have at least three months' rent arrears at the time of the notice and at the time of the court hearing, the court has to make an eviction order, unless your rent arrears have been caused by unpaid housing benefit.
• If you have less than three months' rent arrears, it is up to the sheriff to decide whether you should be evicted or not. It's therefore in your best interest to try to reduce your arrears as much as possible.

Short assured tenants

If you are a short assured tenant, your landlord can also evict you at the end of your lease by serving you with the correct notices. Get these checked by an adviser, to make sure they are legally correct.

What if I'm evicted?

If the court makes an eviction order, you will have to leave when the order comes into effect, usually in two or three weeks' time. The court may also make an order allowing your landlord to get the rent money you owe. For example, this could be done by taking money out of your wages.

Regulated tenants

Some private tenants who have lived in their accommodation for a long time are regulated tenants. If a regulated tenant builds up rent arrears, the landlord can serve a notice and apply to the court for an eviction order. However, the court will only make an eviction order if it is reasonable to do so.

People who share with their landlord

If you share with your landlord, you will be a common law tenant. Under the common law, your landlord should give you four weeks' notice before you have to leave. The notice doesn't have to be in writing or for any specific period of time unless it says so in your tenancy agreement. Your landlord should get a court order before they can make you leave the property, but this is likely to be granted immediately, especially if you have rent arrears. In addition, you may have to pay your landlord's court expenses.

If you are a common law tenant and are having problems paying your rent, contact an adviser at Shelter, Citizens Advice or other advice agency. An adviser will be able to go over your options with you. Use the Advice Services Directory to find help near you.

Other tenants

If you have a different kind of tenancy agreement, for example if you live in a mobile home, tied accommodation, university-owned student accommodation or supported accommodation, go to the section on eviction to find out your rights.