Stopping eviction for abandonment

Abandonment is when the landlord takes the tenancy back because you're not living in your home. They can do this without a court order.

If you rent from the council or a housing association they still have to follow a strict process to evict you for abandonment.

If they want to evict you for other reasons, such as rent arrears, they must go to court. Check our advice on eviction if you rent from the council or a housing association.

If you rent privately or have a mid-market rent property your rights are different. Check our advice on eviction if you have a private residential tenancy.

The abandonment eviction process

It's your responsibility to live in your tenancy as your main home. Your landlord should not take the property back if you're away temporarily. For example, if you're in hospital or away for work.

If your landlord believes you’re not living in your tenancy as your main home they must:

• send you a written notice, called an abandonment notice

• give you 4 weeks before they change the locks

• try to find out if you’re still living there

• stop the abandonment process if you contact them within those 4 weeks to say you’re still living there

To find out if you're still living there, they can:

• visit your home to check if you're living there

• ask your neighbours if they've seen you recently

• contact your family to ask where you're living

• check with your employer that you’re still working in the area

• check that your children are still registered at the same school

If you do not contact them and they decide you’ve left, they must give you another notice at the end of the 4 week period telling you they’ve taken the tenancy back.

If you’ve received an abandonment notice

Get in touch with the council or housing association you rent from immediately.

Tell them you intend to live in the home and if you're just away temporarily. Ask them to stop abandonment proceedings. They must do this if you ask within 4 weeks of the notice being sent to you.

You can contact them by phone or in person. Do this within 4 weeks of getting the abandonment notice.

After speaking to someone, contact them in writing.

Use this letter template to help you know what to say.

Keep a copy of the email or letter you send. If you send a letter, send it by recorded delivery and keep the receipt. You can use this proof if you need to challenge your landlord in court.

If you do not want to live in the property

Tell the council or housing association. They may ask you to give the required 4 weeks' notice.

Check our advice on ending your tenancy.

If you’re told abandonment proceedings will not stop

Tell the council or housing association they're breaking the law. Use this letter template to help you know what to say.

Keep a copy of the email or letter you send. If you send a letter, send it by recorded delivery and keep the receipt. You can use this proof if you need to challenge your landlord in court.

Contact a Shelter Scotland adviser if they still refuse to stop abandonment proceedings. An adviser can help you understand your rights and explain your options.

If the locks have been changed

You have 6 months to challenge the abandonment in court. The 6 month deadline starts from the date the abandonment notice was sent to you.

Get legal advice. A solicitor can challenge the abandonment in court on your behalf to help you get:

• compensation

• your home back, or a new home with the same landlord

Solicitors charge for their work, but you could get legal aid to help with costs. Check our advice on getting legal help for free or at a lower cost.

Your landlord will have to offer you a new tenancy if your tenancy has been offered to someone else and you can show either of the following:

• your landlord did not follow the abandonment procedure properly

• you had a good reason for not responding to the abandonment notice within 4 weeks - for example, because you were ill

What happens to your belongings after abandonment

You can collect your belongings any time before your tenancy ends.

If you do not collect your belongings and their value is less than storage costs, your landlord can dispose of them when the tenancy ends.

If the value of your belongings is more than storage costs your landlord should store them for up to 6 months. They may ask you to pay for storage costs as well.

You can ask your landlord to tell you how they worked out the value of your belongings.

If you have not collected your belongings within 6 months, they can be sold or disposed of.

If a joint tenant has abandoned the property

The abandonment process is different. Your landlord must send the abandonment notice to the joint tenant. All other tenants can continue to live in the home as normal and must get copies of the notice.

The joint tenant must respond to the notice within 4 weeks to tell the landlord if they intend to live in the property.

If the joint tenant does not reply within the 4 week period, your landlord must wait a further 8 weeks before ending their tenancy.

The deadline for the joint tenant to challenge the abandonment in court is 8 weeks after their part of the tenancy has ended.

Emergency accommodation if your locks have been changed

Contact the council and make a homeless application. They must give you emergency accommodation if you’ve nowhere to go.

You can get help even if you can stay with family or friends. You do not have to be living on the streets to be homeless.

Check our advice on making a homeless application.

If you pay for a hotel or B&B, keep the receipt. If you challenge the abandonment in court you could claim compensation from your landlord to get the money back.

If you’re not a British or Irish citizen

Your rights to homeless help from the council could be different.

Check our advice on how your immigration status affects your housing options.