Skip to main content

Eviction process for assured tenants

If you rent from a private landlord and have an assured tenancy, you can only be evicted if your landlord follows the correct procedures. Find out when landlords have the right to evict assured tenants and the eviction procedures for assured tenancies.

The eviction process for assured tenants in private tenancies

In most cases your landlord will need to follow the steps below in order to evict you. However, in a few cases, a landlord might be able to skip serving you a notice to quit (see below) . If you have any doubts you should get advice as soon as possible. The process is as follows:

  • You will be served with a notice to quit.
  • You will be served with a notice of proceedings.
  • Your landlord also has to serve a Section 11 notice to your local council (see below for what this means).
  • Your landlord has to apply to the First tier Tribunal for Scotland Housing and Property Chamber.
  • You will be sent a notice of acceptance of application telling you when your case will be heard.
  • Your case will be heard at the First tier Tribunal for Scotland, Housing and Property Chamber.
  • If the tribunal grants an order, sheriff officers will be sent round to remove you from your property.

Remember:

  • If your landlord doesn't follow the correct procedure for evicting you, the eviction will be illegal and you may be able to stay in your home or get compensation. Find out more about illegal eviction here.
  • If your landlord does serve you with a summons they also have to serve a notice on your council, this is called a section 11 notice. It informs the council that your landlord intends to evict you from the property and you could end up being homeless. When the council receives the notice they may get in touch to offer to help you. Depending on your situation, the council could offer to intervene and try and stop the eviction or advise you of your housing options if you do become homeless.

Notice to quit - what is this?

A notice to quit is a written document notifying you that your landlord wants to end your tenancy. You do not have to leave your home if you have received a notice to quit. Your landlord will have to get an order from the court before you may have to leave. For a notice to quit to be valid it must:

  • be in writing
  • state the length of notice you have been given
  • the notice to quit has to tie in with the ish date (the date when your tenancy agreement terminates).
  • state that once the notice has run out, the landlord still has to get an order from the tribunal before you have to leave
  • notify you that you can seek independent advice about the notice and tell you where you may be able to get advice from.

The length of notice you have to be given depends on how long your tenancy is for:

  • If your tenancy lasts for more than four months, the minimum notice period is 40 days.
  • If your tenancy lasts for four months or less, the notice period should be at least one-third of the length of the tenancy, and no less than 28 days.

I got a notice to quit so what should I do?

If you receive a notice to quit, talk to your landlord. They may issue a notice to quit at any time and may not intend to end the tenancy in the near future. For example, they may be issuing you with a notice to quit because they want to change the terms of your tenancy agreement. In addition, issuing a notice to quit in advance saves time if they do want to end the tenancy in the future.

Does my landlord have to serve me a notice to quit?

The quick answer to this would be yes, your landlord does need to serve you with a notice to quit. However, If you have not been served with a notice to quit and have an ongoing written tenancy agreement then your landlord can try to evict you using particular grounds, this depends what is written into the tenancy agreement. Those grounds are numbers 2, 8, 11-14 and 16.

What is a notice of proceedings (AT6)?

in addition to a notice to quit, your landlord must also send you a notice of proceedings. This can be sent at the same time as the notice to quit, or at a later date. If the two notices are sent at the same time, the notice periods will run at the same time.

A notice of proceedings is a document telling you that your landlord wants to start legal proceedings to get their property back. It should be on a special form called an AT6. You can see what an AT6 should look like.

For a notice of proceedings to be valid it must state:

  • the reasons or grounds why the landlord wants their property back
  • information about these reasons and how they apply to you.

There are 17 different grounds that a landlord can use to try to have you evicted. If your case goes to court, the Tribunal uses these grounds to decide if you should be evicted. You can find out more about each ground for eviction that can be used.

The length of your notice will depend on the grounds being used. Your landlord must wait until your notice has run out before they can ask the Tribunal for a date to hear your case.

For example:

  • If your landlord wants to evict you to carry out building work on the property, they will have to give you two months' notice before they can take legal action.
  • If your landlord wants to evict you because you have three months' worth of rent arrears, they have to give you two weeks' notice before they can take legal action.

Your landlord then has six months until the notice runs out. If your landlord has not started legal proceedings (i.e. made an application to the tribunal) within six months of the date stated on the notice, they will have to start the process again by sending you another notice of proceedings.

The First Tier Tribunal Housing and Property Chamber

Your landlord will then need to apply to the The First Tier Tribunal Housing and Property Chamber. 

If the application is accepted, then the Tribunal will send you a notice of acceptance of application. This informs you of the details of the application and the date by which any written representations must be made, normally 14 days after receiving the notice. You will then get a second notice telling you when the hearing will take place, normally between 12 and 28 days after receiving the second notice.

The First Tier Tribunal Housing and Property Chamber have more information on the eviction process.


I'm a landlord looking for help

If you are a landlord and you're looking for help to evict a tenant then contact Scottish Association of Landlords or the National Landlords Association.

Scotland map Housing laws differ between Scotland and England.
This content applies to Scotland only.
Get advice if you're England

Are you homeless or at risk of becoming homeless?

I need help

The important points

  • If you have an assured tenancy and your landlord wants to evict you, they must get an order from the sheriff court.
  • In most cases, your landlord must serve you with a notice to quit as the first stage of evicting you.
  • The length of notice your landlord must give you varies, depending on what is written in your lease or how long your tenancy is, but they cannot give you less than 28 days.

If you're still looking for help, try searching, or find out how to contact us

Was this page helpful?

This feedback tool can't offer advice. If you still need help, please call our free housing helpline on 0808 800 4444

Would you recommend Shelter Scotland's website to a friend, colleague or family member?
(0 - not at all likely, 10 - extremely likely)

Your feedback is being submitted

Success! Thank you for your feedback.

If you'd like to hear more about our work at Shelter Scotland, you can sign up to receive updates on our campaigns page.

Sorry, there was a problem sending your feedback to us. Please try again or contact us via the website if this error persists.

The fight isn't over - support us this summer

far from fixed campaign logo
It’s a disgrace that people are still homeless in Scotland today. Join our campaign
It’s a disgrace that people are still homeless in Scotland today.
Volunteer
Find out more about volunteering with Shelter Scotland
Volunteer with Shelter Scotland
Have you had a bad housing experience? Tell us about your story.
Share your story of a bad housing experience
£