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

If you do not have a written tenancy agreement, you'll automatically have an 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

Check what an AT5 form looks like on gov.scot.

Assured tenancy

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

Check the fixed term on the agreement

Your tenancy agreement should state a fixed term. If you do not have a written agreement or it does not specify a fixed term, the fixed term will be 1 year.

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.

How your landlord can start an eviction process

Your landlord must follow these steps to evict you:

1. give you a valid notice to quit, unless certain exceptions apply

2. give you another notice, either an AT6 or a section 33, that says why they're evicting you

3. apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order

4. get sheriff officers to evict you if you do not leave

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 either of the notices. 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:

• applying for social housing

• applying for a mid-market rent

• looking for another private rented home

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. 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’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