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 if your notice to quit is valid
Your landlord must follow these steps to evict you:
give you a valid notice to quit, unless certain exceptions apply
give you a different notice, either an AT6 or a section 33, that says why they're evicting you
apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order
get sheriff officers to evict you if you do not leave
What a notice to quit means
A valid notice to quit ends your contract. You still have a legal right to live in the tenancy once your contract has ended.
A notice to quit can be given at any point in your tenancy. It must:
be in writing
tell you about your right to get advice and where to get it
tell you that your landlord must get an eviction order from the tribunal before you have to leave
It is not valid notice if your landlord tells you to leave verbally, in a text or in an email.
You’ll need your tenancy agreement to check if your notice to quit is valid, as some dates have to match. If you’ve lost your tenancy agreement, ask your landlord for a copy.
In most cases, the date on your notice must:
give you at least 40 days notice
match the end date of your tenancy agreement
Example 1: monthly contract
You moved in on 5 April. Your contract says it will last for 6 months and continue on a monthly rolling basis after.
This means your landlord can only end your tenancy on the 5th of any month.
Example 2: yearly contract
You moved in on 23 June. Your contract says it will run for a year and end on 22 June. It does not say what happens after the first year term.
This means your contract runs on a yearly basis and your landlord can only end your tenancy on 22 June each year.
When a notice to quit is not needed
Your landlord does not have to give you a notice to quit if:
they gave you a valid notice to quit in the past for a different reason, like raising your rent
your tenancy agreement states they can use certain grounds to evict you without a notice to quit
They must still give you a different valid notice, called an AT6 form, that states the ground they're using.
If you've not been given valid notice
You do not have to move out. The tribunal should not grant an eviction order if you were not given valid notice.
Your landlord will usually have to start the eviction process again, which could give you extra time in your home.
If your landlord is pressuring you to move out without following the legal process, check our advice on illegal eviction.
If your landlord gives you a valid notice
If you need more time, you can try to negotiate with your landlord.
Use this template to help you know what to say.
Template: ask your landlord for more time
Copy and paste the text below and personalise it with your details.
Subject: asking for more time to find a new home
Since you sent me an eviction notice, I have been looking for a new home.
It's unlikely I will be able to move out by <date on your notice>, because <explain why, for example: I'm having difficulties finding a suitable property / I have found a new home but I cannot move in yet>.
For this reason, I will have to stay in my home until at least <date>. I'm asking you to agree that I can stay until I have somewhere to move into.
As you will be aware, you must get an eviction order from the tribunal before I have to leave.
I hope we can come to an agreement so that I can find a new home and we can avoid going to the tribunal.
Please confirm in writing if you'll allow me more time to find a new home.
You can also download the letter to send as an email attachment or through the post:
Last updated: 3 October 2023