Eviction before the end of your fixed term
Your landlord can only evict you before the end of the fixed term in your short assured tenancy if you have seriously broken a condition of your tenancy agreement.
How long do short assured tenancies last?
Short assured tenancies are always given for a fixed period of time. The first fixed period must last at least six months.
Once the first fixed period is finished, your tenancy can renew itself for another fixed period. Check your tenancy agreement, it may state that it will continue on a month to month basis for example.
About the eviction process
If your landlord wants you to leave before the end of your tenancy they must:
give you a notice to quit in most cases
give you a notice of proceedings
tell the First-tier Tribunal for Scotland Housing and Property Chamber that they want to evict you
you will be sent a letter telling you when your case will be heard at tribunal
your case will go to the tribunal
if the tribunal agrees that it is reasonable to evict you, they will grant an order
if you haven't left, sheriff officers will be sent to remove you from the property
What is a notice to quit?
A notice to quit is a written document telling you that your tenancy is going to come to an end. The minimum notice period is normally 40 days.
You do not have to leave your home if you have received a notice to quit. You landlord will have to get an order from the tribunal before you may have to leave and the notice to quit on its own is not enough.
What should a notice to quit contain?
For a notice to quit to be valid it must:
be in writing
state the length of notice you have been given
state that once the notice has run out, the landlord still has to get an order from the tribunal before you have to leave
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, in addition to the notice to quit, they must also send you a notice of proceedings. This can be sent at the same time as the notice to quit, or at a later date. It is a document telling you that your landlord wants to start legal proceedings to get their property back.
It needs to be on a special form called an AT6. You can see what an AT6 should look like on the Scottish Government 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. The length of your notice will depend on the grounds being used. See our pages on grounds for eviction for further advice.
A notice of proceedings is valid for six months. If your landlord does not ask for a tribunal date within six months, then 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.
What to do if you get a notice of proceedings
Contact your landlord to find out why they have sent it. You might be able to sort the problem out. For example:
if you have rent arrears, you could come to an arrangement to clear them
if you are waiting for benefits payments, you could provide proof, such as a receipt for making your claim
if there have been incidents of antisocial behaviour you can assure them it won't continue
If it is not possible to sort out the problem with your landlord, you should get advice.
The landlord will notify the council
If your landlord applies to the tribunal for an eviction order they also have to serve a notice on your council. This is called a section 11 notice.
When the council receives the notice they may get in touch to offer to help with housing. The council could offer to:
intervene and try and stop the eviction
give you advice regarding your housing options if you do become homeless
Last updated: 14 May 2021