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Eviction of regulated tenants

Regulated tenants can only be evicted in certain circumstances. This section explains the procedure your landlord must follow.

If you are worried about eviction, an adviser will be able to tell you what your rights are and whether it might be possible to stop or delay your eviction. 

When can I be evicted?

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

Before your landlord can get a court order, there are steps they must follow. You can find out more about the eviction process below.

About the eviction process

  • You must be served with a notice to quit.
  • Your landlord will ask the sheriff court for an order for your eviction.
  • You will be sent a summons telling you when your case will be heard in court.
  • Your case will come to court.
  • Sheriff officers can be sent to remove you from the property.

Remember:

  • It may be possible to stop or delay the eviction process. An adviser will be able to tell you if this is likely.  
  • 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.

What is a notice to quit?

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.

What should I do if I get a notice to quit?

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.

What should a notice to quit contain?

For a notice to quit to be valid it must:

  • be in writing
  • state the length of notice you have been given
  • state that once the notice has run out, your landlord still has to get an order from the court before you have to leave
  • notify you that you can get independent advice about the notice and tell you where you can get advice from.

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

  • one week/fortnight/month - minimum notice 28 days before the expiry date
  • one month up to four months - minimum notice period is a third of the length of the time of your tenancy
  • four months or more - minimum notice 40 days before the expiry date.

What is a summons?

A summons is a letter from the sheriff court to tell you that your landlord has asked for a court order for you to be evicted. Before a court order can be granted, your case must be heard at the sheriff court.

The summons should include the date of the court hearing, which should be at least three weeks after you receive the summons.

Going to court

When your case comes to court, the sheriff will only let your landlord evict you if they have a particular reason to do so. These reasons are called 'cases'. The summons will state which case or cases your landlord is using to evict you.

You have the right to go to court to ask not be evicted or to have your eviction delayed.

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The important points

  • Your landlord must get a court order if they want to evict you. To get that, the first step would be giving you a notice to quit.
  • The amount of notice a landlord has to give you varies, depending on your tenancy type. But the minimum notice is 28 days, though you may be entitled to more.
  • A summons is a letter from the sheriff court that tells you your landlord has asked for a court order to have you evicted. There should be at least three weeks between the date of the summons and the actual court hearing that it gives you the details for.
  • Get advice if you receive a summons so you know what to do and what to expect. The summons should give the reason for you being evicted (the reasons are called cases).

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