Eviction if you live in a mobile home
You cannot be evicted unless the site owner follows a strict legal process.
Check that they’re following the correct procedure.
Get a solicitor to help you if you want to challenge the eviction in court.
Check your eviction rights
Your rights depend on whether:
you own or rent your home
the site is protected or unprotected
Check if the site you live on is protected
A protected site has planning permission and a site licence from the council. The site should have its licence displayed.
An unprotected site does not have planning permission or a site licence from the council.
Examples of an unprotected site include:
a farm
a holiday site
someone’s garden
land owned by your employer
Contact your council's environmental health team if you're unsure whether your site is protected by a licence.
Find your council's website on mygov.scot
If you rent a mobile home on a protected site
Your rights depend on whether your mobile home can be classed as a dwelling house.
Check if your home is a dwelling house
A dwelling house must meet all of these criteria:
it's your permanent residence
it has a mains supply of electricity and water
it's static and cannot be moved, or it’s so large it cannot be moved in one piece
If your home is dwelling house, you’ll have a different type of tenancy. This makes it harder for your landlord to evict you.
To work out your tenancy and eviction rights, check your rights if you rent a mobile home.
If your home is not classed as a dwelling house, you’ll have common law tenancy rights. This means your rights come from the agreement you made when you moved in.
Your agreement should say how long you can live on the site. This is called a fixed term.
If you do not have a written agreement your fixed term is 1 year from the date you moved in.
Check when you can be evicted
If you follow the terms of your tenancy agreement, the site owner can only evict you at the end of your fixed term.
You can be evicted before this if you break a term of the agreement. This is only if you were warned about this possibility in your contract. For example, if you need to get the site owner's permission to sublet and you did not.
You can challenge the eviction in court if you do not agree with the reason you’re being evicted.
Check how much notice you should get
You should get at least 28 days’ notice.
If you have a fixed term of 4 months or more, you must get at least 40 days’ notice.
If you own a mobile home on a protected site
You can only be evicted from a protected site for specific reasons, called eviction grounds. These are:
the site owner's lease has expired
you have broken a term of your agreement
planning permission for the site has expired
you’re not using the mobile home as your only or main home
the condition of your mobile home is having a detrimental effect on the site
When the site owner asks you to leave, they must tell you the reason you’re being evicted.
They must give you at least 28 days’ notice that they want you to leave.
If you do not move out, they’ll need to get a court order to make you leave. They cannot force you off the site themselves.
You can challenge the eviction in court if you do not agree with the reason you’re being evicted.
If you live on an unprotected site
The eviction process is the same whether you own or rent your home. Your rights come from the agreement you made when you moved in.
The site owner has to give you an eviction notice in writing. It must say the date you need to move out by.
You should get at least 28 days’ notice. If your agreement has a fixed term of 4 months or more, you must get at least 40 days’ notice.
Check when you can be evicted from an unprotected site
If you follow the terms of your agreement, the site owner can only evict you at the end of your fixed term.
They can evict you before this if you break a term of the agreement. They can only do this if it’s written in your agreement they can evict you for breaking a term.
You’ll only be able to challenge the eviction in court if:
the site owner did not serve you a notice to quit correctly
you can prove that you did not break a term of your tenancy agreement
Negotiating with the site owner
You can negotiate to stop or delay the eviction.
If you need more time, explain why. For example, if you need time to find somewhere else to live or to save for a deposit.
If you’re being evicted for breaking your tenancy agreement, explain what you'll do to fix it.
For example, if you're being evicted for rent arrears, arrange to pay back what you owe.
Use this template to ask for more time.
Template: ask the site owner for more time
Copy and paste the text below and personalise it with your details.
Subject: asking for more time to find a new home
Since you sent me an eviction notice, I have been looking for a new home.
It's unlikely I will be able to move out by <date on your eviction notice>, because <explain why, for example: I'm having difficulties finding a suitable property / I have found a new home but I cannot move in yet>.
For this reason, I will have to stay in my home until at least <date>. I'm asking you to agree that I can stay until I have somewhere to move into.
As you will be aware, you must get an eviction order in court before I have to leave.
I hope we can come to an agreement so that I can find a new home and we can avoid going to court.
Please confirm in writing if you'll allow me more time to find a new home.
<your name>
You can also download the letter to send as an email attachment or through the post:
If you’re being harassed or pressured to move out, check our advice on stopping an illegal eviction.
Being evicted in court
If you do not move out, the site owner must apply for a court order to evict you.
You'll get a letter called a court summons. This tells you that you must go to the sheriff court for an eviction hearing.
Check what date you need to go to court. Get a solicitor to represent you if you want to challenge or delay the eviction.
You may have to pay the site owner’s court fees unless you have a good reason for not moving out.
Delaying an eviction from a protected site
If you cannot stop the eviction, you can ask the court for a suspension.
This delays the eviction date for up to 12 months. It can give you more time to find somewhere else to live.
You cannot get a suspension if the site:
is unprotected
is owned by the council
will become unlicensed during the suspension period
Getting legal advice and representation
It’s best to get a solicitor to represent you in court. They can:
explain your rights
respond to court letters
negotiate with the site owner
make a case to stop the eviction
Find a solicitor on the Law Society of Scotland
Check our advice on getting legal help for free or at a lower cost.
Some advice agencies can represent you or refer you for legal representation. You could:
Finding somewhere else to live
Start looking for a new home as soon as you can.
You can try:
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.
Check our advice on making a homeless application.
If you're not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.
Last updated: 4 October 2023
Housing laws differ between Scotland and England.
This content applies to Scotland only.