Your eviction rights from an unprotected mobile home site

An unprotected site does not have planning permission or a site licence. The site should have its license displayed.

Contact the council's environmental health department if you're unsure whether your site is protected by a license.

You might live on an unprotected site if you rent or own a mobile home on:

  • a holiday site

  • someone's garden

  • a farm

  • land owned by your employer

  • land used by travelling showpeople

People living on unprotected sites have common law eviction rights.

If you're being harassed or forced out

It’s against the law for the landowner or site owner to evict you:

  • without giving you the correct notice

  • without getting a court order

  • by forcing or harassing you

Find out about harassment and illegal eviction.

Eviction at the end of your tenancy

If the landlord or site owner wants you to leave at the end of the lease, they must serve you with a notice to quit.

It must be in writing and clearly state the date when you have to leave.

Your notice period depends on the length of your lease:

  • less than four months — 28 days' minimum notice

  • more than four months — 40 days' minimum notice

If you do not have a written tenancy agreement stating how long the lease lasts, you can argue that it lasts a year from the date you moved in or the date you started paying rent.

Eviction before the end of your tenancy

You can be evicted if you break a condition of your tenancy agreement.

The landlord or site owner must give you four weeks' notice.

A solicitor can speak at court for you if you do not think you have broken a condition of your tenancy agreement.

Get legal help

Find a solicitor from the Law Society of Scotland or the Scottish Legal Aid Board.

Get legal help for free or at a lower cost from a law centre.

Eviction at other times

You can only be asked to leave at any other time if your written tenancy agreement states this.

Your notice must be at least four weeks.

If you do not leave — going to court

If you have been given the correct notice but do not leave when it runs out, the landlord or site owner can apply to the sheriff court for an eviction order.

The sheriff will automatically grant the order if:

  • you're coming to the end of your tenancy and you have been given the correct notice

  • the landlord or site owner can prove that you have broken a condition of your tenancy agreement

If you stay on the site after your notice has run out, the landlord or site owner can ask the court to have you pay damages, such as their legal fees.

Get help if you're facing eviction. Contact a Shelter Scotland adviser or Citizens Advice.

Last updated: 21 October 2021

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England

Get homeless help from the council

The council must help if you are homeless or likely to become homeless in the next two months.

Get emergency help from the council