Eviction if you have a regulated tenancy

You will only have a regulated tenancy if it started before 1989.

Check your tenancy type

The landlord cannot remove you themselves if they want to evict you. You can only be evicted with an order from the First-Tier Tribunal Housing and Property Chamber.

If you're being harassed or forced out

It’s against the law for your landlord to evict you:

• without giving you the correct notice

• without an order from the tribunal

• by forcing or harassing you

Find out about illegal eviction.

If you're being evicted

Before you can be evicted your landlord must:

• give you a notice to quit and a notice of proceedings

• ask the tribunal for an order for your eviction

• ask sheriff officers to remove you if the tribunal gave the order

It is not always possible to stop an eviction from happening. Look at your housing options at an early stage.

Your landlord has to give you a notice to quit

This is a written document notifying you that your landlord wants to end your tenancy.

You do not have to move out if you get a notice to quit. Your landlord has to apply to the tribunal for an eviction order if you do not leave.

If you get this notice:

1. Speak to your landlord

2. Check if your notice to quit is valid

Check if they want to end your tenancy. They could be issuing you a notice to quit because they want to change the terms of your tenancy agreement.

Your notice to quit is only valid if:

• it is in writing (not a text or email)

• states the right amount of time before the notice ends

• says your landlord has to get an eviction order from the tribunal before you have to leave

• tells you where to get advice about the notice

Your local council or Citizens Advice Scotland can help you check if the notice is valid.

The amount of time the notice to quit needs to give you depends on how long your initial tenancy term was. If you are not sure how long it was check your tenancy agreement:

Your landlord has to give you a notice of proceedings

This is a separate written document to the notice to quit. It tells you why your landlord is evicting you.

Your landlord can only evict you based on a set of reasons set out in law (known as ‘cases’).

The length of your notice of proceedings could be different to your notice to quit. The amount of time this is depends on the case your landlord is using to evict you.

Your landlord has to wait until both notices have ended before they go to tribunal.

Your landlord must get an eviction order from the tribunal

The tribunal will write to you to tell you when your case will be heard. If you want to defend your case to stay in the tenancy you may wish to seek representation.

Only sheriff officers can remove you

If the tribunal grants the eviction order, the landlord will pass the decision to sheriff officers.

The landlord cannot remove you themselves.

If you want to leave

• you can move out when the notice to quit expires

• you do not need to wait for the tribunal process to start

• tell your landlord in writing if you want to leave before the end of the notice (check your tenancy agreement for how much time you will need to give them if you’re not sure)

If you have nowhere to live

You can ask any council for homelessness help. They cannot refuse to help if you are homeless or likely to become homeless in the next two months.

Start by contacting the council’s homeless department. Tell them you need to make a homeless application.

Get emergency help from the council

You should not be refused help. Contact an adviser if you are.

The council should find somewhere temporary for you to stay as soon as you need it.

There are 21 reasons for eviction

If you are a regulated tenant and your landlord wants to evict you they have to give you a notice of proceedings stating a reason or 'case'. This notice has to be in writing (not a text or email).

Remember your landlord cannot just kick you out. They have to get an order from the tribunal if you do not leave.

About cases 1 to 10

If your landlord gave you a notice of proceedings with one of these cases, the tribunal will only grant an order for your eviction if:

• the case definitely applies to you, and

• it is reasonable for you to be evicted, or

• there is suitable alternative accommodation available

The alternative accommodation should:

• come with the same terms and conditions as your previous accommodation

• be as suitable for the needs of you and your family as your previous accommodation

About cases 11 to 21

For cases 11 to 21 landlords do not need to prove that it would be reasonable for you to be evicted. The tribunal will grant the eviction order if they apply.

These are called mandatory cases.

Usually, the landlord must have given you written notice when you took on the tenancy that they can evict you using these cases.