Eviction due to repossession

This content applies to Scotland only.

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

Even if your lender has got a court order allowing them to sell your property, they cannot sell it with you in it. You can only be forced to move out if they also have a court order that says you have to leave the property. This is called a warrant of ejection. If you don't leave by the date specified in the warrant, sheriff officers can remove you from the property.

How will I know that I have to leave?

You will usually receive a letter from your lender and/or the court asking you to leave your home before a certain time on a certain date - this is called a notice of ejection. If you have not left before the specified time, sheriff officers can use reasonable force to remove you from the property. If you are unable to move out of your home, talk to an adviser at a housing aid centre, Citizens Advice Bureau or other local agency as soon as you receive a notice of ejection. An adviser can tell you:

• whether you might be able to stop or delay the eviction
• what your other housing options are.

Use the Advice Services Directory to find help near you.

What can the sheriff officers do?

Sheriff officers can evict you if your lender has a warrant of ejection from the court. There are no restrictions as to what time of day the sheriff officers can carry out the eviction but they cannot come at night. They must act reasonably. They are entitled to use necessary, reasonable force to enter the home and remove you and anyone else living in the accommodation.

The sheriff officers will usually wait around 14 days after the specified date before they do this.

What happens when the sheriff officers arrive?

The sheriff officers will remove you from the property and secure it so that you cannot get back in. If you are not there, the property will be secured so that you cannot get in. Your lender or your lender's representative must be present at the eviction so that the sheriff officers can give them possession. When this has been done, the lender can change the locks to prevent you re-entering the accommodation.

The sheriff officers can ask the police to be present if they think you might try to stop them from getting in. The police are not allowed to help the sheriff officers with the eviction but are there in case there is any disturbance. The police can arrest anyone who behaves violently.

What about my belongings?

The sheriff officers will not remove any of your furniture or belongings unless this has been specified by the court. The sheriff officers will usually watch while you do so. If you refuse, the lender may remove your belongings. Alternatively the belongings may be left locked inside and you must make arrangements to collect them later. If the sheriff officers damage your belongings, you may be able to take them to court and claim compensation - speak to an adviser or a solicitor if this happens (see below).

What if I have a complaint about the sheriff officers?

If you believe the sheriff officers have acted unreasonably or beyond their powers, you may be able to complain. Examples include:

• harassing you or other people in the property
• threatening arrest or imprisonment
• using offensive language
• causing damage to your belongings
• carrying out the eviction when only children are at home
• evicting vulnerable people without suitable arrangements having been made.

You can send your complaint in writing to the Sheriff Principal - call your local sheriff court for contact details. You could also make a complaint to the Society of Messengers-At-Arms and Sheriff Officers.

You will probably need help from a solicitor or specialist adviser if you want to complain about sheriff officers. Use the Advice Services Directory to find agencies in your area.