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.

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.

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:

• contact Shelter Scotland

• go to your local Citizens Advice Bureau

• search for other local organisations on ALISS

Finding somewhere else to live

Start looking for a new home as soon as you can.

You can try:

• finding another mobile home or site

• looking for a private rented home

• applying for social housing

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.