Eviction process for assured tenants
If you rent from a private landlord and have an assured tenancy, you can only be evicted if your landlord follows the correct procedures. Find out when landlords have the right to evict assured tenants and the eviction procedures for assured tenancies.
The eviction process for assured tenants
In most cases, your landlord will need to follow certain steps in order to evict you. The process is as follows:
you will be served with a notice to quit
you will be served with a notice of proceedings
your landlord also has to serve a Section 11 notice to your local council
your landlord has to apply to the First-tier Tribunal for Scotland Housing and Property Chamber
you will be sent a notice of 'acceptance of application' telling you when your case will be heard
your case will be heard at the tribunal
If the tribunal grants an order and you have not yet left the property, sheriff officers will send a notice warning that they will remove you
If your landlord doesn't follow the correct procedure for evicting you, the eviction will be illegal and you may be able to stay in your home or get compensation. Find out more about illegal eviction
In a few cases, a landlord might be able to skip serving you a notice to quit
What is a notice to quit?
A notice to quit is a written document notifying you that your landlord wants to end your tenancy. You do not have to leave your home if you have received a notice to quit. Your landlord will have to get an order from the tribunal before you may have to leave. For a notice to quit to be valid it must:
be in writing
state the length of notice you have been given
the notice to quit has to tie in with the ish date (the date when your tenancy agreement terminates)
state that once the notice has run out, the landlord still has to get an order from the tribunal before you have to leave
notify you that you can seek independent advice about the notice and tell you where you may be able to get advice from
The length of notice you have to be given depends on how long your tenancy is for:
if your tenancy lasts for more than four months, the minimum notice period is 40 days
if your tenancy lasts for four months or less, the notice period should be at least one-third of the length of the tenancy and no less than 28 days
What to do if you get a notice to quit
If you receive a notice to quit, talk to your landlord. They may issue a notice to quit at any time and may not intend to end the tenancy in the near future. For example, they may be issuing you with a notice to quit because they want to change the terms of your tenancy agreement. In addition, issuing a notice to quit in advance saves time if they do want to end the tenancy in the future.
Does my landlord have to serve me a notice to quit?
To evict you, your landlord needs to serve you with a notice to quit in most cases. However, there can be times when a landlord can skip this. Examples include:
If they have served a notice to quit in the past for a different reason, like raising your rent, this notice still applies
if the grounds for eviction they are using are any of grounds 2, 8, 11–14 and 16. This depends on what is written in your agreement
Notice of proceedings (AT6)
If your landlord wants to evict you, they must also send you a notice of proceedings in addition to the notice to quit. This can be sent at the same time as the notice to quit, or at a later date.
A notice of proceedings is a document telling you that your landlord wants to start legal proceedings to get their property back. It should be on a special form called an AT6. See what an AT6 should look like on the Scottish Government's website.
For a notice of proceedings to be valid it must state:
the reasons or grounds why the landlord wants their property back
information about these reasons and how they apply to you
There are 17 different grounds that a landlord can use to try to have you evicted. If your case goes to tribunal, they use these grounds to decide if you should be evicted.
How much notice should I get?
COVID-19: Changes to notice needed
The Scottish Government brought in new rules on 7 April 2020 to extend the notice period required to be given to tenants before legal action to obtain an order for eviction can be started. These new rules are in place until 31 March 2022.
This is not a ban on evictions. It just means that in most cases there is a longer delay between the landlord starting the process and the date that they can apply to the tribunal.
In addition to the extending of the notice period need, all grounds are now discretionary. This means the tribunal must consider the 'reasonableness' of the request of an eviction order.
Notice periods depend on the grounds for eviction
The amount of notice on your notice of proceedings depends on the grounds for eviction being used. Find out the notice period for each ground. You don’t have to leave when your notice period ends, it’s still your tenancy until the tribunal orders an eviction.
If your landlord does not ask for a tribunal date within six months, they will have to send you a new notice. This means the eviction process begins again, giving you more time before a tribunal date can be arranged.
After your notice period ends
Before you can be evicted, your case has to be heard by the tribunal.
If your landlord’s application for an eviction hearing is accepted, then the tribunal will send you a notice of ‘acceptance of application’. This informs you of the details of the application and the date by which you can submit your written position to the tribunal, normally 14 days after receiving the notice.
You will then get a second notice telling you when the hearing will take place, normally between 14 and 28 days after receiving the second notice.
If you receive a notice of acceptance of application or any paperwork from the tribunal you should seek advice on whether you can defend the action. Speak to one of our advisers or contact a solicitor.
Last updated: 28 June 2021