Eviction from an assured or short assured tenancy
Use this guide if you have an assured or short assured private tenancy.
Your eviction rights are different if:
you moved in on or after 1 December 2017 - check our advice on eviction if you have a private residential tenancy instead
Check your tenancy agreement
Your landlord must give you a written contract when you start renting a private home. This is called a tenancy agreement.
If you moved in between 2 January 1989 and 30 November 2017, you'll usually have one of the following:
an assured tenancy
a short assured tenancy
Check what type of tenancy you have
Your eviction rights depend on your tenancy type.
If you have an assured tenancy, your landlord can only evict you for specific reasons, called grounds. There are 17 grounds for eviction.
If you have a short assured tenancy, as well as the 17 grounds, your landlord can evict you without a reason at the end of your tenancy term.
In both types of tenancy, your landlord must send you the correct notice and follow a strict legal process.
Short assured tenancy
You'll only have a short assured tenancy if both of the following apply:
the initial term of your tenancy was at least 6 months
your landlord gave you a valid AT5 form before you moved in
You’ll usually have an assured tenancy if any of these apply:
you were not given a valid AT5 form before you moved in
the initial term of your tenancy was less than 6 months
you were never given an agreement in writing
If you're not sure what tenancy type you have, contact a Shelter Scotland adviser to help you work out your rights.
Check the fixed term on the agreement
Your tenancy agreement should state a fixed term. After the fixed term, your tenancy renews automatically if neither you or your landlord gives notice to end it.
Check if your tenancy agreement states how long it renews for. This is often on the front page of the agreement.
For example, it could be for an initial fixed term of 6 months and then renewed monthly after that.
If your tenancy agreement does not say how it renews, the agreement is renewed for the same amount of time as the initial fixed term. For example, if your fixed term was 1 year, the agreement is renewed yearly.
If you get an eviction notice
In most cases, your landlord must give you 2 notices:
a notice to quit, unless certain exceptions apply
either a section 33 notice or an AT6 form
If you get a notice to quit, it usually must match your tenancy's end date. This ends your contract, but your landlord must send you another notice to start the eviction process.
You do not have to move out by the date on the notice. If you do not leave, your landlord has to get an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber). You could ask the tribunal to stop or delay the eviction.
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.
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.
When to contact a housing adviser
Contact a Shelter Scotland adviser if you’re being evicted and:
you were never given a written tenancy agreement
you’re not sure if you have an assured or short assured tenancy
you’re not sure if your landlord is following the right process to evict you
An adviser could help you:
work out what tenancy type you have
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 tenancy agreement
your eviction notices
any emails, letters or texts your landlord has sent you about the eviction
any emails or letters the tribunal has sent you
Last updated: 3 October 2023