Eviction at the end of your tenancy
This content applies to Scotland only.
Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England
If you have a short assured tenancy, your landlord can evict you when your tenancy comes to an end without giving you any reason. This page explains what the landlord must do before you can be evicted.
How long does a short assured tenancy last?
Short assured tenancies are always given for a fixed length of time of at least six months. Once the fixed period is finished, the tenancy can renew itself for another fixed period or your tenancy agreement may state that it will renew itself on a month to month basis. If your landlord wants you to leave at the end of a fixed period, you can be evicted quite easily but there are steps your landlord must follow.
About the eviction process
If your landlord wants you to leave when your fixed period comes to an end they must:
- give you a notice to quit, and
- give you at least two months' notice in writing that they want the property back (this is known as a section 33 notice).
If you have not left by the end of the fixed period:
- your landlord will have to tell the sheriff court that they want to evict you
- you will be sent a summons telling you when your case will be heard at court
- your case will come to court
- sheriff officers will be sent round to remove you from the property.
What is a notice to quit?
A notice to quit is a written document telling you that your tenancy is going to come to an end. The minimum notice period is normally 40 days.
What should a notice to quit contain?
For a notice to quit to be valid it must:- be in writing, even if you do not have a written tenancy agreement
- 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
- include information about where you can get advice.
What is a section 33 notice?
As well as giving you a notice to quit, your landlord must also give you two months' written notice telling you that they want the property back. This is called a section 33 notice. If your landlord wants you to move out on the day your tenancy expires, they will need to give you a section 33 notice at least two months before that date. Landords can combine a notice to quit and a section 33 notice so that it comes as one notice, this is ok as long as it:
- gives you at least two months' notice
- states that the landlord requires possession of the property
- states that once the notice has run out, the landlord still has to get an order from the court before you have to leave
- include information about where you can get advice.
Some landlords give you the section 33 notice at the beginning of the tenancy. However, this is not good practice, so get in touch with an adviser at a Shelter advice centre or Citizens Advice if your landlord tries to do this.
I have been given a notice to quit - will I have to move out?
If you do not move out by the end of the fixed period, your landlord will have to ask for a court order telling you to leave. So long as your landlord has given you a proper notice to quit and a section 33 notice giving you at least two months' warning that they want the property back, the sheriff will automatically grant a court order.
If your landlord hasn't given you a section 33 notice, you will be able to stay on in the property until they do. Once the section 33 notice has expired, your landlord can apply for a court order, which is likely to be granted (see 'my notice is running out' below).
What should I do if I get a notice to quit?
Get the notice to quit checked
An adviser will be able to tell you if the notice to quit you have been given is valid. If it is not, you will not have to leave at the moment, but your landlord will probably soon give you a notice that is valid. 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.
Look for other accommodation
If you have been given a valid notice to quit and section 33 notice, you should start looking for other accommodation. Remember that you will have to pay rent on your old property until your notice to quit runs out, so try to find somewhere you can move into near that date, as you may have to pay rent for two homes if there is an overlap. If you currently receive housing benefit and you cannot avoid having to pay rent for both homes, you may be able to get housing benefit for two homes for up to four weeks.
Make a homeless application to the council
If you can't find anywhere else to live, you can ask the council for help. The council has a duty to help people who are homeless. If you make a homeless application, the council should:
- offer you advice and assistance
- find you somewhere to stay temporarily
- maybe offer you a permanent home, depending on your circumstances.
What can I do if my notice is running out and I can't find anywhere else to live?
Once your notice to quit and/or section 33 notice has run out, your landlord still has to get a court order before you can be made to leave the property. Your landlord will contact the sheriff court, who will send you a court summons telling you that your landlord wants you to be evicted.
If you do not reply to the court summons, the court order for your eviction will be granted automatically.
If you have been given a proper notice to quit, the sheriff will automatically give a court order for your eviction, but you can ask for the eviction date to be delayed to allow you time to find somewhere else to live.
Warning: if you stay in your house after your notice to quit has run out without very good reason, your landlord can ask the court to get you to pay damages, such as your landlord's legal fees.
Talk to an adviser at a Shelter advice centre or Citizens Advice or other local agency. Use the Advice Services Directory to find an agency near you. They may be able to help you stop or delay your eviction. They will also be able to discuss your housing options with you and tell you what help you may be entitled to from the council.
