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
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
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.
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.
Last updated: 21 October 2021