Preventing 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

If your landlord wants to evict you because of something you have done, this page offers advice about action you can take to try to change the situation.

If your landlord has asked you to leave, talk to an adviser immediately. They may be able to suggest ways in which you can delay or prevent the eviction so that you can continue to stay in your home. They can also help you deal with court papers, and may be able to represent you in court.

Remember

Your landlord cannot just turn up at your door and ask you to leave the property. They have to follow the correct legal procedure. If they you do ask you to leave without following the proper legal process then it maybe an illegal eviction and you should contact the police as soon as possible. 

My landlord wants to evict me because of rent arrears

If you have rent arrears because of delays with your housing benefit, you should let your landlord know. Make sure you have handed in all the information the council requires to process your form and keep a note of any contact you have if you are trying to chase the housing benefit department.

If you are not expecting housing benefit to cover the rent arrears, you should make an arrangement to clear the arrears. Make sure this is affordable and you can keep to the arrangement. If you can prove that you can stick to the arrangement, you are far less likely to be evicted.

You can find out more about dealing with rent arrears here.

My landlord wants to evict me because of antisocial behaviour

Your landlord may want to evict you because they believe that you, or someone living with you or visiting you, have been acting in an antisocial way or have been disturbing, upsetting, annoying or harassing your neighbours.

Talk with your landlord. Perhaps your neighbours have been complaining unreasonably about your behaviour. Or perhaps you could go to mediation to sort out your problems.

If you admit that there has been antisocial behaviour you should do everything you can to make sure it stops. You will want to show your landlord and, if your case calls at court, the sheriff, that you have turned over a new leaf.

My landlord wants to evict me because I'm neglecting or damaging the property

Your landlord may want to evict you because you haven't been taking good care of the property.

If you are having difficulty looking after the property because of health reasons, you should explain this to your landlord. They may be able to put you in touch with someone who can help you look after the property. Or you can contact the council's social work department, who will be able to carry out an assessment of your needs and arrange for you to get some help.

If you have damaged the property, you could repair the damage or offer to pay for the repairs. Only try repairing something yourself if you know what you are doing. If you make the damage worse you will only annoy your landlord even more.

If you have just been lazy, here is the prompt that you need. Get it sorted and prove that you can keep the place in good condition.

My landlord wants to evict me because they don't think I am living in my home

Talk to your landlord. If you have been away from home but still want to come back to live there, you should explain this to your landlord. You should have a good reason for being away for so long, such as looking after a sick relative or working away for a short spell.

If you are living in your home, you may be able to prove this by showing your utility bills, such as gas or electricity.

My husband, wife or partner wants to evict me

If you are living with a partner or spouse, they may try to evict you from your home if you split up. However, they may not have the right to do this and you may be able to prevent this from happening. The section on relationship breakdown explains your rights.

What should I do if I have to leave?

If there is nothing you can do to stop yourself being evicted, you will have to look for somewhere else to live:

• The section on finding accommodation has more information on your housing options.
• If you are about to become homeless, you may be able to get help from the council. The council has a legal duty to provide advice and assistance to people who are threatened with homelessness.