Eviction

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

Landlords have to follow special legal procedures in order to evict tenants. This section tells you about the procedures they must follow and what your rights are. It also has advice on what to do if you are facing eviction.

Whether you can be evicted and how will depend on what kind of tenancy you have. Check your tenancy type here if you aren't sure.

If your landlord has told you to leave, get advice immediately. Use the Advice Services Directory to find a housing aid centre, Citizens Advice Bureau or other local advice centre in your area. Read the Help! page to find out more about what you can do if your landlord is trying to evict you.

Help! I'm being evicted

This page outlines the steps you can take if your landlord has asked you to leave your home, and looks at how you can get help. Read more 

Preventing eviction

There are several things you can do to prevent eviction. This page has some practical suggestions. Read more 

Eviction of council tenants

Councils, housing associations and housing co-ops have to follow special legal procedures to evict tenants. This section explains these procedures and what you can do to prevent the eviction. It also explains your rights if you are facing eviction from temporary homeless accommodation. Read more 

Eviction from housing association/co-op

Housing associations and housing co-ops have to follow special legal procedures to evict tenants. This is the same legal procedure that councils must follow. Read more 

Eviction of private tenants

Before a private landlord or letting agency can evict you from your home, they have to follow special procedures. This section explains when you can be evicted and the steps that must be followed. Read more 

Eviction of common law tenants

If you have a common law tenancy, you still have some protection against eviction. You will probably be a common law tenant if you share your accommodation with your landlord, live in university halls of residence or are staying in temporary accommodation arranged by the council. Read more 

Eviction from a mobile home

If you rent a mobile home or you own a mobile home and rent a pitch to station it on, you will have some protection against eviction. This section explains what you can do if your landlord or the site owner asks you to leave. Read more 

Eviction of agricultural tenants

This section looks at your rights if you have a 1991 Act, limited duration or short limited duration agricultural tenancy and your landlord has asked you to leave. Your rights will depend on the kind of tenancy you have and what stage your lease is at when you are asked to leave. Read more 

Eviction of crofting tenants

Crofters have secure tenancy rights. However, in certain circumstances, crofters can be evicted. In addition, your landlord may also be able to resume (or repossess) the land if they have good reason. This section looks at the circumstances in which it's possible to lose your crofting tenancy, and what you can do if you're in this situation. Read more 

Eviction of other tenants

Read this page if you are a subtenant, or if you live in university owned accommodation, tied accommodation, council temporary accommodation, a hostel or refuge, supported accommodation or with friends or relatives. Read more 

Eviction if you're disabled

If you're a disabled person, you have extra protection against eviction. This is to prevent your landlord from treating you unfairly because of your disability. Read more 

Eviction of Gypsies/Travellers

This section looks at the rights of Gypsies/Travellers who have been asked to leave a site. It explains your rights on council and privately run sites, and on unauthorised sites, and looks at what you can do if the police get involved. Read more 

Going to court for eviction

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. Read more 

Sheriff officers

Most tenants can only be evicted if their landlord gets an eviction order from the court. Once they have this, your landlord still doesn't have the right to make you leave, but they can get sheriff officers to evict you. Read more 

Illegal eviction

Private and council, housing association and housing co-op tenants can only be evicted if their landlord gets an order for possession from the court. If your landlord has evicted you without following the correct procedure, this may be illegal. Illegal eviction is a serious criminal offence. Read more 

Harassment from your landlord  

Some landlords try and force their tenants to move out by causing problems for them. If your landlord is causing you problems, they may be guilty of harassment, which is a criminal offence. Read more 

Take our advice survey

Back to top

  • Printer friendly
Information

Need more
help?

0808 800 4444