Your housing rights in the cost of living crisis
The eviction ban
The eviction ban means that some evictions can be delayed for up to 6 months. It does not mean that evictions have stopped.
It applies until 31 March 2024.
During this time, your landlord can still:
send you a valid eviction notice
get an eviction order from a court or tribunal
If your landlord gets an eviction order during the ban, they cannot make you leave right away. They must wait for 6 months after getting the eviction order, or until the eviction ban ends, whichever is sooner.
There are exceptions to the ban. In some circumstances, you can be evicted more quickly.
Who the ban applies to
The ban can apply if you rent from:
a private landlord or letting agency
the council or a housing association
college or university halls or purpose built student accommodation
The ban does not apply if you live with your landlord.
Exceptions to the eviction ban
You can still be evicted during the ban if both of the following apply:
your landlord gave you an eviction notice before 6 September 2022
your landlord applied for an eviction order at the court or tribunal before 28 October 2022
Regardless of the above dates, you can also be evicted during the ban if:
you’ve stopped living in the property
you're being evicted for antisocial or criminal activity
you've ended your employment with your landlord
you have 6 months rent arrears or more, if you rent from a private landlord or letting agent
you have £2250 rent arrears or more, if you rent a social tenancy from the council or a housing association
your home needs to be demolished or renovated, if you rent a social tenancy from the council or a housing association
Your landlord has to try to help you before evicting you for rent arrears. The court or tribunal must also consider whether it is reasonable to evict you.
We have guidance if:
Exceptions related to your landlord’s situation
If you rent from a private landlord and their finances are in trouble, you could also be evicted during the ban. For example, if:
they need to move in or sell to avoid becoming homeless themselves
your landlord’s mortgage lender has repossessed the property
If you've received an eviction notice
Your landlord always has to follow the correct eviction procedures. Check our guidance on eviction from your home.
If you need help to prevent or delay an eviction, contact a Shelter Scotland adviser.
Illegal evictions are a criminal offence
If your landlord tries to force you out, call the police on 101. You could get compensation, and your landlord could receive a fine, a prison sentence, or both.
If your private landlord lied on your eviction notice
If your landlord used misleading information to evict you, you can apply to the tribunal for a wrongful termination order. You could get up to 6 months’ rent in compensation.
To get compensation, all of the following must apply:
you had a private residential tenancy
you received a notice to leave
you moved out of the property
Follow our guidance on going to the tribunal for a wrongful termination order.
Last updated: 3 October 2023