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 have a private residential tenancy, you can only be evicted if your landlord follows the correct procedure.
This page outlines the 18 grounds that a landlord can use to apply for an eviction order for a private residential tenancy.
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.
What steps your landlord or letting agent has to follow if they want to evict short assured tenants from their property.
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.
Explains grounds (reasons) that private landlords or letting agents can use to evict assured tenants or short assured tenants renting privately in Scotland.
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.
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