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Eviction of short Scottish secure tenants

Short Scottish secure tenants (SSST) can be evicted more easily than Scottish secure tenants (SST). This page explains more about the eviction process.

If you are not sure whether you are a short Scottish secure tenant, our page about short Scottish secure tenancies may be helpful.

When can I be evicted?

You can only be evicted after your landlord has got a court order from the sheriff court stating that you have to leave.

During your tenancy

You can only be evicted before the end of your tenancy finishes if the landlord has a good reason or ground.

At the end of your tenancy

Short Scottish secure tenancies are always given for a fixed length of time. At the end of this fixed length of time your landlord can ask for a court order without having to give a good reason why.

Abandonment

If your landlord thinks that you have left the property and do not intend to return, they do not have to follow the eviction proceedings, but can use abandonment proceedings to take the property back instead.

Eviction during your tenancy

If your landlord wants to evict you before the end of your fixed term, they must have a reason, or ground for eviction. The process for eviction during your tenancy is the same for an SSST as it is for an Scottish Secure Tenancy. Find out more about the eviction process here.

Eviction at the end of your tenancy

If your landlord wants to evict you at the end of the fixed length of your tenancy, they must tell you at least two months in advance. You must be given an official document called a notice of recovery of possession.

The notice must tell you the first date that your landlord can ask for a court date, which should be at least two months away. It usually takes three weeks from this date for a court hearing to be arranged.

The sheriff will automatically grant an order for your eviction and you will have to leave. The page about sheriff officers explains how you can be made to leave.

What should I do if I receive a notice of recovery of possession?

Don't ignore it. Speak to an adviser, who may be able to help get the eviction delayed until you find somewhere else to stay.

Where to next?

If you think that you are going to be evicted, you may wish to discuss your rights and your housing options with an adviser on Shelter Scotland's free housing advice helpline 0808 800 4444 or contact Citizens Advice, your local council or other local advice centre.

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The important points

  • Your landlord can evict you if the sheriff agrees with the reason (ground), or if your tenancy is coming to an end. Either way, landlords must have a court order if they want to evict you.
  • Because short Scottish secure tenancies are for a fixed time, your landlord can ask for a court order to evict you at the end of that period without having to provide a reason, but they have to give you at least two months notice and give you a notice of recovery of possession.
  • If your landlord believes you are no longer living in the property they do not have to go through eviction procedures, but can use abandonment proceedings instead.

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