Eviction of short Scottish secure tenants

This page explains more about the eviction process if you have a short Scottish secure tenancy.

If you are not sure whether you are a short Scottish secure tenant, our page about short Scottish secure tenancies may be helpful.

COVID-19: Changes to notice needed

The Scottish Government has brought in new rules to extend the notice period required to be given to tenants. This notice period must expire before any court action to obtain a decree for eviction can be started.

Until 31 March 2022 the new notice period needed are:

  • Two months if the tenancy was created due to previous antisocial behaviour

  • Six months for all other short Scottish secure tenancies that have come to the end of their lease.

Enforcing evictions

Scotland has moved beyond level 0.

This means evictions can now be enforced across the country.

Contact an adviser at Shelter Scotland if you are concerned that you will be evicted.

When can I be evicted?

You can only be evicted after your landlord has got a court order from the sheriff court stating that you have to leave.

During your tenancy

If your landlord wants to evict you before the end of your fixed term, they must have a reason, or ground for eviction.

The process for eviction during your tenancy is the same for a short Scottish secure tenancy as it is for a Scottish secure tenancy. See our page on the eviction process for more information.

At the end of your tenancy

If your landlord wants to evict you at the end of the fixed length of your tenancy, they must tell you at least two months in advance. You must be given an official document called a notice of recovery of possession.

The notice must tell you the first date that your landlord can ask for a court date, which should be at least two months away.

If you need help speak to an adviser or contact a solicitor.

Abandonment

If your landlord thinks that you have left the property and do not intend to return, they do not have to follow the eviction proceedings. They can use abandonment proceedings to take the property back instead.

I have received a notice of recovery of possession

If you think that you are going to be evicted you can:

  • speak to an adviser about your rights

  • go to the finding accommodation section to explore your housing options

  • if you have nowhere to stay, the homelessness section has more information on what you can do

If you need to talk to someone, we’ll do our best to help. Get Help

Last updated: 29 June 2021

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