Your rights if your landlord is selling

Your landlord must follow a strict legal process if they want to evict you to sell the property. They can only make you leave by getting an eviction order from a tribunal.

If you’ve been given an eviction notice, take these steps:

• check your eviction rights

• check your housing options

• decide if you want to delay or challenge the eviction

If your home is sold while you're a tenant, your tenancy rights stay the same. Your new landlord cannot make you sign a new tenancy agreement with a higher rent or different terms.

Check your eviction rights

Your landlord or letting agent cannot just tell you to leave. They must send you a valid eviction notice.

You do not have to leave by the date on your eviction notice. After this date, your landlord can apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order.

The notice you should get depends on your tenancy type. Your eviction rights are different if you live with your landlord.

If you’ve not been given valid notice

Tell your landlord you will not be moving out and that they must follow the legal process.

You can tell them verbally or copy and paste this template into an email or text.

What happens after your notice period

If you do not move out by the date on your notice, your landlord can apply to the tribunal for an eviction order.

You have the right to stay in your home during the tribunal process. The tribunal must:

• check if your landlord gave you valid notice

• check your landlord’s proof that they want to sell the property

• decide if it’s reasonable to evict you, considering your and your landlord’s circumstances

The tribunal process takes at least 2 months. It often takes longer if the tribunal is busy or your case is complicated.

The eviction ban has ended

 There was a temporary eviction ban in Scotland, which ended on 31 March 2024.

Check your housing options

Even if you want to challenge the eviction, start looking for a new home as soon as you can. The tribunal will usually want to see evidence that you’ve tried to find a new home.

You can try:

• applying for social housing

• applying for a mid-market rent

• looking for another private rented home

You can also contact the council and tell them you're being evicted. They have a duty to help if you're at risk of homelessness.

Find your council's website on mygov.scot

If you want to buy the home

You could ask your landlord if they'd be willing to sell it to you. Ask them for the home report valuation if they have one.

A mortgage adviser can help you work out how much you could afford and how much of a deposit you’ll need.

Check our advice on buying a home

Delaying eviction if you need more time

Write to your landlord and explain your circumstances. Tell them that you’re looking for somewhere else to live, but you will not be able to leave by the date on your notice.

You can use this template to help you. Copy and paste the text below and personalise it with your details.

Staying after your notice period

After your notice period ends, you still have the right to stay in your home. Going to the tribunal could give you more time to find a new home.

There are usually no costs to go to the tribunal.

Stopping eviction at the tribunal

You can ask the tribunal not to grant an eviction order if:

• your landlord did not give you valid notice

• you do not believe that your landlord intends to sell

• it would not be reasonable to evict you because of your circumstances

You can go to the tribunal without a solicitor, but having someone represent you could help you stop the eviction. Check our advice on getting legal help for free or at a lower cost.

If your landlord did not give valid notice

The tribunal should not grant an eviction order. Your landlord will usually have to start the eviction process again by sending valid notice.

If you think the eviction ground is false

Send the tribunal any evidence of why you do not believe the eviction ground. For example, emails or texts that show:

• you asked for repairs and your landlord sent an eviction notice

• your landlord wants to rent the property out at a higher rent

• your landlord wants to sell, but you have an assured tenancy and you're being evicted with a different ground

The tribunal should not grant an eviction order if your landlord cannot give proof of the ground they're using.

If you think the eviction is not reasonable

The tribunal must consider both your and your landlord's circumstances to decide if it’s reasonable to evict you.

It might not be reasonable if:

• being evicted would have a serious impact on you or your family

• you cannot find somewhere else suitable to live

• your landlord cannot show why they need to sell the property

For example, tell the tribunal if:

• you or someone in your family is disabled, and you cannot find a home that meets your access needs

• moving schools would affect your children, and you cannot find a home in your local area

• your landlord owns other properties that they could sell instead

Send proof such as doctor’s letters and copies of any housing applications.

The tribunal should also ask your landlord for proof of their circumstances and the reasons why they want to sell. Check our guidance on going to the tribunal to stop an eviction.

If your home is put up for sale while you’re living there

Your landlord must give you enough notice and get your permission if they want access to your home for viewings or surveys. You should get:

• 48 hours’ notice if you have a private residential tenancy

• 24 hours’ notice if you have an assured or short assured tenancy

You can decide if you want to be home during viewings. You can refuse access if they want to come at a time that does not suit you. Ask them to rearrange for a more suitable time.

If your home is sold with you as a sitting tenant

The new owner will become your landlord, and your tenancy will continue on the same terms.

They must follow the correct legal process if they want to evict you or increase the rent.

If the new landlord asks you to sign a tenancy agreement with different terms, you do not have to agree to this. Contact a Shelter Scotland adviser if you’re being pressured into signing a new agreement.