Eviction if you live in student accommodation

If you live in student accommodation you'll have a common law tenancy.

Student accommodation is:

• student halls or housing rented from your university or college

• purpose-built student accommodation rented from a private company, where the building has at least 30 bedrooms mainly rented by students

You have some protection against eviction. Your landlord must give you a valid eviction notice if they want you to move out. They can only evict you at certain times.

If you do not leave at the end of your notice, your landlord must apply for a court order to make you leave.

Check when you can be evicted

Your tenancy agreement should contain a term about ending your tenancy. Your landlord can follow this process to evict you.

If there your tenancy agreement doesn't have a term about ending your tenancy, you can only be evicted:

• at the end of your fixed term

• if you break a term of your tenancy

At the end of your fixed term

Your tenancy agreement should say if you have a fixed term. Your landlord can give you notice to end your tenancy at the end of your fixed term.

If neither you or your landlord gives notice to end the tenancy, it will automatically be renewed for the same amount of time, unless your tenancy agreement says otherwise.

If a fixed term was not agreed when you moved in, your tenancy will last for 1 year from the date that you moved in or first paid rent.

If you break a term of your tenancy

If you have a tenancy agreement it will include the terms and conditions of your tenancy.

Your landlord can evict you if you break one of the terms.

For example, if you stop paying your rent or you damage the property.

Check how much notice you should get

You should get a notice in writing. It should say when your tenancy will end and give you a set amount of notice before you have to leave.

Your tenancy agreement might say how much notice you should get. This must be at least 28 days.

If your tenancy agreement does not say, you must get at least:

• 40 days’ notice, if you have a fixed term of 4 months or more

• 28 days’ notice, if you have a fixed term of less than 4 months or if you break a term of your agreement

If your landlord gives you notice verbally, ask them for confirmation in writing. You might need this if you are applying for housing from the council or a housing association.

If your landlord has not given enough notice

Tell them you're entitled to the correct amount of notice.

Use this template to help you know what to say.

What happens when your notice period ends

If you do not leave at the end of your notice, your landlord can apply for an order from the sheriff court telling you to leave.

The sheriff must automatically grant the order if your fixed term has ended, and you’ve been given valid notice to end the tenancy.

If you’re being evicted before the end of your fixed term, you could challenge this in court. For example, if you think your landlord has not followed the terms of your tenancy agreement.

You may have to pay your landlord's court fees if the eviction is granted.

Get legal advice if you want to challenge an eviction. You could get legal help for free or at a lower cost.

The eviction ban has ended

 There was a temporary eviction ban in Scotland, which ended on 31 March 2024.

Negotiating with your landlord

You can negotiate with your landlord if they want to evict you.

Ask them to delay or stop the eviction.

Tell your landlord if you need more time, for example to find somewhere else to live or to save for a deposit.

If you’re being evicted for breaking your tenancy agreement, explain what you'll do to fix it. For example, if you're being evicted for rent arrears, arrange to pay back what you owe.

Use this template to ask your landlord for more time.

If you’re being illegally evicted

Your landlord must give you valid notice and then apply for an order from the sheriff court before telling you to leave.

If they have not done this, they must not:

• change the locks while you're out

• physically remove you from your home

• force you to leave by threatening or harassing you

• make your living situation so unbearable that you leave

If they do, it could be a criminal offence. Check our advice on illegal eviction and harassment.

Finding somewhere else to live

Start looking for a new home as soon as you can.

Check our advice on housing options if you're a student.

Getting help if you're being evicted

If you get an eviction letter, speak to your student union. They can:

• help negotiate with your landlord so you can stay

• tell you where to get help if you cannot afford your rent

• help you find new accommodation if you have to leave

Contact the council and tell them you’re being evicted. They have a duty to help if you're at risk of homelessness within 2 months.

Check our advice on making a homeless application.

If you're not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.