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:

Work out how long you can stay after you get a notice

You do not have to move out by the date on your eviction notice. Your landlord must get an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber) if you do not leave.

They can only apply to the tribunal after your eviction notices expire. You could ask the tribunal to stop or delay the eviction.

How long the eviction process takes

Your landlord must either give you 2 weeks' or 2 months' notice depending on the reason you're being evicted, called a ground.

If your landlord applies for an eviction order, this takes at least 2 months. It often takes longer if the tribunal is busy or your case is complicated.

The eviction ban

For most grounds, there's a temporary eviction ban.

This means that if the tribunal grants an eviction order, you can only be evicted 6 months after the order is granted, or when the eviction ban ends, whichever is sooner.

The ban applies until 31 March 2024.

If you have a short assured tenancy

Your landlord can use a process called section 33 to evict you. This gives you at least 2 months' notice before they can apply to the tribunal for an eviction order.

Section 33 can only be used if all of the following apply:

  • you have a short assured tenancy

  • the expiry date on the notice to quit matches your tenancy's end date

Your landlord can combine a notice to quit and a section 33 notice if it:

  • gives you at least 2 months' notice

  • includes information about where you can get advice

  • states that the landlord requires possession of the property

  • states that once the notice has run out, the landlord still has to get an order from the tribunal before you have to leave

The eviction ban applies to section 33

If the tribunal grants an eviction order, they must delay your eviction for up to 6 months.

When your landlord must give you an AT6 form

Your landlord must use a different notice called an AT6 form stating 1 or more of 17 grounds if either:

  • you have a short assured tenancy, and they want to evict you during your fixed term

  • you have an assured tenancy

Check if your notice looks like the example AT6 form on gov.scot

For the AT6 form to be valid it must say:

  • which grounds the landlord is using to evict you

  • how the grounds apply to you

  • the right amount of time before your landlord can apply to the tribunal

If you do not leave, your landlord must prove the grounds apply and that it's reasonable to evict you to the tribunal.

Check the ground and notice period

Check the ground being used to make sure the landlord has given you the correct notice period. If not, your notice could be invalid.

If your landlord has listed more than 1 ground, the longer notice period applies. Check each ground that applies to you.

1. Your landlord wants to move in or previously lived in the home

The notice period is 2 months.

Your landlord can only use this ground if either:

  • they, or their spouse or civil partner, wants to live in the property as their main home

  • before you moved in, your landlord lived in the property

Before you moved in, you should have been told in writing that this ground can be used.

The eviction ban sometimes applies to this ground

If the tribunal grants an eviction order, your landlord usually cannot make you leave right away. Your eviction can be delayed by up to 6 months.

There's an exception if your landlord needs to move into your home because of financial hardship. For example, if they need to move in to avoid becoming homeless themselves. In this case, you can be evicted sooner.

2. Your landlord’s mortgage lender is selling the property

The notice period is 2 months.

This ground can only be used when:

  • the property is being repossessed because your landlord has defaulted on their mortgage or secured loan

  • the lender needs you to leave the property so they can sell it

Before you moved in, you should have been told in writing that this ground can be used.

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

3. Off-season holiday let

The notice period is 2 weeks.

Your landlord can only use this ground if:

  • the property was rented as a holiday home the year before you moved in

  • your fixed term was for 8 months or less

Before you moved in, you should have been told in writing that this ground can be used.

If your landlord is trying to use this ground to evict you, the notice may not be valid. Contact a Shelter Scotland adviser to discuss your options.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

4. The property is normally for student accommodation

The notice period is 2 weeks.

Your landlord can only use this ground if:

  • the property was rented as student accommodation the year before you moved in

  • your fixed term was for 12 months or less

Before you moved in, you should have been told in writing that this ground can be used.

If your landlord is trying to use this ground to evict you, the notice may not be valid. Contact a Shelter Scotland adviser to discuss your options.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

5. Minister/lay missionary property

The notice period is 2 months.

Your landlord can use this ground if a minister or lay missionary is going to move into the property to live while they are working in the area.

Before you moved in, you should have been told in writing that this ground can be used.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

6. Major work on the property is needed

The notice period is 2 months.

This ground can be used if your landlord wants to do major work to the property and either:

  • the work cannot be done while you're living there

  • you have said that you do not want to live there while the work is being done

Your landlord should pay you reasonable moving expenses if this ground is being used.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

7. You have inherited the tenancy

The notice period is 2 months.

Your landlord can use this ground if you inherited this tenancy from a tenant who died.

The landlord must serve you with an AT6 eviction notice within a year of the person dying, or within a year of the landlord finding out that the person has died.

This ground cannot be used if all of the following apply:

  • you inherited the tenancy from your married spouse or civil partner

  • they had not previously inherited the tenancy

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

8. Rent arrears amounting to at least 3 months

This ground can no longer be used.

If your landlord wants to evict you for rent arrears, they'll need to use ground 11 or 12 instead.

Check our advice on stopping an eviction for rent arrears

9. Your landlord has somewhere else suitable for you to live

The notice period is 2 months.

This ground can be used if your landlord can provide you with somewhere else to live.

The new accommodation must be reasonably suitable for you and your family, and you must have the same or similar rights that you have in your current home.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

10. You served a notice to end your tenancy but did not leave

The notice period is 2 weeks.

Your landlord can use this ground if you gave your landlord notice to end your tenancy but did not leave.

The ground can only be used within 6 months of the date that you said you were going to leave.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

11. Persistent delay in paying rent

The notice period is 2 weeks.

This ground can be used if you keep paying your rent late. It is less likely that the tribunal will evict you if there are no rent arrears, but you may still be evicted.

If the rent has been paid late due to a delay in benefits, the tribunal must take this into account.

There are steps your landlord must take to help you before sending you an AT6 form using this ground.

Check our advice on stopping an eviction for rent arrears

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

12. Some rent unpaid

The notice period is 2 weeks.

This ground can be used if you were behind with your rent on the day that you were sent an AT6 eviction notice.

There must still be some rent arrears on the day that the case is heard at the tribunal for your landlord to rely on this ground.

The tribunal must take into account whether the rent that is unpaid should have been paid by benefits.

There are steps your landlord must take to help you before sending you an AT6 form using this ground.

Check our advice on stopping an eviction for rent arrears

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

13. Breach of tenancy condition

The notice period is 2 weeks.

Your landlord can use this ground if you have broken a rule written in your tenancy agreement. For example, you needed to get permission to sublet and you did not.

This ground cannot be used in relation to rent arrears.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

14. Deterioration of the house or common parts

The notice period is 2 weeks.

Your landlord can use this ground if you, or someone living with you, has damaged part of the property or the area surrounding the property.

It can also be used if the condition of the property got worse because you did not report a problem. For example, if a window was leaking and the windowsill rotted.

Check our advice on reporting repairs to your private landlord

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

15. Nuisance or annoyance

The notice period is 2 weeks.

This ground can be used if you or someone living with you has either been:

  • causing a nuisance or annoying your neighbours

  • convicted of using the property for illegal purposes, such as dealing drugs

Check our advice on eviction for antisocial behaviour

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

16. Deterioration of condition of furniture

The notice period is 2 weeks.

This ground can be used if you, or someone living with you, has damaged the furniture your landlord provided, or you have not looked after it properly.

The eviction ban applies to this ground

If the tribunal grants an eviction order, your landlord cannot make you leave right away. Your eviction can be delayed by up to 6 months.

17. Ex-employees of the landlord

The notice period is 2 months.

Your landlord can only use this ground if you used to be employed by your landlord and your employment has ended.

The eviction ban does not apply to this ground

The tribunal does not have to delay your eviction.

Your eviction could still be delayed if you ask for more time and the tribunal decides it’s not reasonable to evict you right away.

Stopping or delaying eviction

If you do not want to move out, you can ask the tribunal not to grant an eviction order.

The tribunal must consider if:

  • the notices your landlord gave you are valid

  • the ground you're being evicted on has been proven

  • it is reasonable to evict you given yours and your landlord's circumstances

You can also ask the tribunal to delay the eviction if you need more time to find a new home.

Check our advice on stopping or delaying eviction.

Last updated: 3 October 2023

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