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Scotland

Eviction if you have a private residential tenancy

You'll have a private residential tenancy if you rent from a private landlord or letting agent, and you moved in on or after 1 December 2017.

Your landlord must send you a valid eviction notice if they want you to move out. They can only ask you to leave for specific reasons, called grounds.

You do not have to leave by the date on your eviction notice. You could ask a tribunal to stop or delay the eviction.

The eviction rules are different if:

The eviction process

Your landlord must give you a valid eviction notice in writing.

If you have not moved out by the date on your eviction notice, your landlord can apply for an eviction order from the First-tier Tribunal (Housing and Property Chamber).

The tribunal must consider whether it's reasonable to evict you.

Your landlord cannot force you to leave without getting an eviction order from the tribunal.

The eviction ban is ending

The temporary eviction ban in Scotland is ending on 31 March 2024.

Check if your eviction notice is valid

Your landlord cannot just tell you to move out or send a text. They must use a legal form called a notice to leave.

They can either:

  • send it in the post by recorded delivery

  • give it to you in person

  • send it by email, if your tenancy agreement says it can be sent this way

See what a notice to leave looks like

Your eviction notice may not be valid if it does not look like this, or if it includes misleading information.

The eviction grounds and notice periods

Your notice to leave must include:

  • the eviction ground that your landlord is using

  • the date when your notice period ends – this is when your landlord can apply to the tribunal

The notice period depends on how long you’ve lived there and which eviction ground your landlord is using.

Check the eviction ground to see how much notice you should get.

If your landlord is using more than one ground and they have different notice periods, the longer notice period applies.

Your landlord wants to sell the property

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use this ground if they intend to put the property up for sale within 3 months of you moving out.

Check our advice on what to do if your landlord is selling

The eviction ban sometimes applies to these grounds

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

There's an exception if your landlord needs to sell because of financial hardship. For example, if their mortgage rates have gone up and they can no longer afford the mortgage. In this case, you can be evicted sooner.

Your landlord or their family member wants to live in the property

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use these grounds if they or their family member intend to live there as their main home for at least 3 months.

Family members are defined as:

  • parents or grandparents

  • children or grandchildren

  • partner or spouse

  • siblings

The eviction ban sometimes applies to these grounds

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

There's an exception if your landlord needs to move into your home because of financial hardship. For example, if they need to move in to avoid becoming homeless themselves. In this case, you can be evicted sooner.

You have rent arrears

The notice period is 4 weeks (28 days).

Your landlord can only use these grounds if either:

  • you’ve had any amount of rent arrears for at least 3 months in a row

  • you have rent arrears that add up to 6 months’ rent or more

There are steps your landlord must take to help you before sending you an eviction notice.

Check our advice on stopping an eviction for rent arrears

The eviction ban sometimes applies to these grounds

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

There's an exception if your rent arrears add up to 6 months’ rent or more. In this case, you can be evicted sooner.

You've broken a term in your tenancy agreement

The notice period is 4 weeks (28 days).

Your landlord can use this ground if you’ve broken a rule written in your tenancy agreement.

Your tenancy agreement cannot include terms that take away your legal rights. For example, it cannot say you must do repairs that your landlord is legally responsible for.

Check your rights and responsibilities in a private residential tenancy

The eviction ban applies to this ground

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

There's been antisocial behaviour or a criminal conviction

The notice period is 4 weeks (28 days).

Your landlord can only use these grounds if there's been antisocial or criminal behaviour in or around your home. This could be by you, someone who lives with you, or someone who visits you.

Antisocial behaviour is defined as doing something which causes or is likely to cause someone alarm, distress, nuisance or annoyance. It also includes harassment.

Criminal convictions can only be used as a ground for eviction if either:

  • the property was used for illegal purposes, such as drug dealing

  • a crime was committed in or near the property, and it’s punishable by imprisonment

Your landlord can usually only apply for an eviction order within 12 months of when the antisocial behaviour or the criminal conviction happened.

Check our advice on stopping an eviction for antisocial behaviour

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

You no longer live in the property

The notice period is 4 weeks (28 days).

Your landlord can only use this ground if they believe you’re not living in the property as your main home.

They cannot use this ground if you moved out because your home does not meet the repairing standard.

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

Your landlord’s mortgage lender is selling the property

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

This ground can only be used when:

  • the property is being repossessed because your landlord has defaulted on their mortgage or secured loan

  • the lender needs you to leave the property so they can sell it

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

Your landlord wants to refurbish the property

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use this ground if you would be unable to live in the home while the work is being done.

The eviction ban applies to this ground

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

Your landlord wants to use the property for something else

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use these grounds if they want the property back for:

  • non-residential use, such as turning it into business premises

  • religious purposes

The eviction ban applies to these grounds

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

Your landlord can no longer legally rent the property to you

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

These grounds can be used if your landlord:

The eviction ban applies to these grounds

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

You’re no longer the landlord’s employee

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use this ground if:

  • the property was rented to you as an employee, or in the expectation that you would become an employee

  • you’re no longer an employee or you never started employment

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

You no longer need supported accommodation

The notice period is:

  • 12 weeks (84 days) if you’ve lived there for 6 months or more

  • 4 weeks (28 days) if you’ve lived there for less than 6 months

Your landlord can only use this ground if:

  • the property was rented to you because you needed community care services

  • you’ve been assessed as no longer needing these services

The eviction ban applies to this ground

The eviction ban ends on 31 March 2024. If the tribunal grants an eviction order, it will include the date when your landlord can use it to evict you. This must be after 31 March 2024.

If you've not been sent a valid notice

Tell your landlord you will not be moving out and that they must follow the legal process.

You can tell them verbally or copy and paste this template into an email or text.

I'm concerned that you're not following the legal process to evict me.

I have checked my rights on the Shelter Scotland website. You have not sent me a valid eviction notice, so I will not be moving out.

If you're not sure if your notice is valid, contact the council and ask them to check. Find your council's website on mygov.scot.

If you’re being harassed or pressured to move out, check our advice on stopping an illegal eviction.

If your landlord has used a ground falsely

You can take action if you believe:

  • your landlord wants the property back for a different reason than the one they’ve given

  • the ground they used does not apply

Collect evidence of why you think the ground is false. For example:

  • you asked your landlord to do repairs and they sent you an eviction notice

  • they asked you to leave for a different reason than the one written on your eviction notice

You can use this evidence to challenge the eviction at the tribunal.

If an eviction order is granted based on false information, or if you're misled into moving out, you can apply for a wrongful termination order to get compensation.

Delaying the eviction

If you're willing to move out but you need more time to find a new home, write to your landlord.

Tell them that you’re looking for somewhere else to live, but you will not be able to leave by the date on your notice.

Use this template to ask your landlord for more time

After your notice period ends, you still have the right to stay in your home. Going to the tribunal could give you more time.

The tribunal process takes at least 2 months before you can be evicted. It often takes longer if the tribunal is busy or your case is complicated.

There are usually no costs to go to the tribunal.

Stopping the eviction

If you do not want to move out, you can ask the tribunal not to grant an eviction order.

The tribunal will look at the evidence and consider your circumstances to decide if:

  • the notice and the ground is valid

  • it’s reasonable to evict you

Check our advice on delaying or stopping an eviction at the tribunal

Finding somewhere else to live

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

You could try:

You can also contact the council and tell them you're being evicted. They have a duty to help if you're at risk of homelessness.

Find your council's website on mygov.scot

Do not move out if you have nowhere else to go. If you leave before an eviction order has been granted, it could be harder to get homelessness help from the council.

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.

Ending your tenancy before the end of your notice period

You must give 28 days’ notice if you want to move out before the date on your notice to leave.

If you do not end your tenancy correctly, you'll have to keep paying rent until the end of the notice period, or until you move out, whichever is later.

Check our advice on getting your deposit back when you move out.

When to get advice from Shelter Scotland

Contact a Shelter Scotland adviser if you're worried about eviction and you want to discuss your options.

An adviser could help you:

  • work out how long you can stay in your home

  • understand your options

  • find legal help to stop the eviction

Before contacting an adviser, gather any relevant documents you have, including:

  • your eviction notice

  • your tenancy agreement

  • any emails, letters or texts your landlord has sent you about the eviction

  • any emails or letters the tribunal has sent you

Last updated: 28 February 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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