Eviction of short Scottish secure tenants
Short Scottish secure tenants (SSST) can be evicted more easily than Scottish secure tenants (SST). This page explains more about the eviction process.
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 before court action to obtain a decree for eviction can be started.
From 7 April 2020 the new notice period needed are listed below:
2 months If the tenancy was created due to previous antisocial behaviour
6 months for all other SSST that have come to the end of their lease.
Winter 'eviction ban'
The Scottish Government brought in new rules which will ban eviction enforcement action for a short period of time.
the ban covers both social rented and private rented sector tenancies
the ban will be in force everywhere in Scotland from 11 December 2020 – 22 January 2021
In Tier 3 and 4 areas, the ban will continue until 31 March 2021
the ban only applies to the ‘enforcement’ part of eviction proceedings. It means sheriff officers can't remove a household from a property while the ban is in place.
There are some exceptions to the ban. For example, if the eviction was granted due to criminal or antisocial behaviour, then the eviction can still go ahead.
What about other parts of eviction proceedings?
Any current or new eviction hearings at court or tribunal can still go ahead
Eviction orders can still be granted by courts and tribunals
Landlords can still serve notice on tenants.
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
You can only be evicted before the end of your tenancy finishes if the landlord has a good reason or ground.
At the end of your tenancy
Short Scottish secure tenancies are always given for a fixed length of time. At the end of this fixed length of time your landlord can ask for a court order without having to give a good reason why.
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, but can use abandonment proceedings to take the property back instead.
Eviction 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 an SSST as it is for an Scottish Secure Tenancy. Find out more about the eviction process here.
Eviction 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. It usually takes three weeks from this date for a court hearing to be arranged.
The sheriff will automatically grant an order for your eviction and you will have to leave. The page about sheriff officers explains how you can be made to leave.
What should I do if I receive a notice of recovery of possession?
Don't ignore it. Speak to an adviser, who may be able to help get the eviction delayed until you find somewhere else to stay.
Where to next?
If you think that you are going to be evicted, you may wish to discuss your rights and your housing options with an adviser on Shelter Scotland's free housing advice helpline 0808 800 4444 or contact Citizens Advice, your local council or other local advice centre.
Last updated: 10 December 2020
Housing laws differ between Scotland and England.
This content applies to Scotland only.
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