Eviction of private tenants

If your private landlord or letting agency want to evict you, they have to follow the correct eviction procedure for your private tenancy. The rules regarding eviction procedures are different depending on the type of tenancy you have. You can find out which kind of tenancy you have by using our online tenancy checker.

Winter 'eviction ban'

The Scottish Government brought in new rules which ban eviction enforcement action for a short period of time.

The ban is currently in force in all Tier 3 and Tier 4 areas.

Some areas of Scotland are expected to move into Tier 2 on 17 May 2021, meaning that eviction enforcement action could begin again. The Scottish Government have a postcode checker to use if you're not sure what Tier your area is in.

  • the ban covers both social rented and private rented sector tenancies

  • this ban is reviewed by the Scottish Government every 21 days

  • 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 may still go ahead.

What about other parts of eviction proceedings?

  • 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.

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

Eviction of private residential tenancy tenants

If you have a private residential tenancy, you can only be evicted if your landlord follows the correct procedure.

Grounds for eviction for private residential tenancy

This page outlines the 18 grounds that a landlord can use to apply for an eviction order for a private residential tenancy.

Eviction process for assured tenants

How and why assured tenants can be evicted by private landlords. Explains notice to quit, notice of proceedings, AT6s, summons and your rights as an assured tenant.

Eviction from a short assured tenancy

What steps your landlord or letting agent has to follow if they want to evict short assured tenants from their property.

Eviction due to repossession

If your landlord has not paid their mortgage and you are threatened with eviction, check what lenders have to do to evict you as a tenant.

Grounds for eviction for assured and short assured tenants

Explains grounds (reasons) that private landlords or letting agents can use to evict assured tenants or short assured tenants renting privately in Scotland.

Eviction of pre-1989 tenants

The legal eviction procedures for a regulated tenancy that landlords must follow, if your tenancy started before 2 January 1989.

Last updated: 9 April 2018

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England

Homeless help tool

Are you homeless or at risk of becoming homeless?

Use our tool to find out how to apply for help from your local council

Start help tool