How to stop or delay eviction from a private tenancy

Challenging a tribunal decision

There are 3 different processes for challenging an eviction decision made by the First-tier Tribunal for Scotland (Housing and Property Chamber). You can only follow 1 process at a time.

You can ask the tribunal to:

  • recall their decision if you missed the hearing

  • review their decision if they did not consider the impacts of the eviction fairly

  • appeal their decision if the tribunal used the law incorrectly

There is a deadline for each process. The deadlines can be extended in some cases. Tell the tribunal if you had good reason to miss the deadline, for example, being in hospital.

In each case you must send your request in writing to the tribunal and send a copy to your landlord.

Get legal advice to help you challenge a decision. A solicitor can help you decide which process to use.

You could get legal help for free or at a low cost.

Recalling the decision if you missed the hearing

A recall starts the tribunal process again so you have the chance to challenge the eviction. This is sometimes called a minute for recall.

You can only do this when all of the following apply:

  • an eviction order was granted

  • no-one was there to represent you

  • you were not there to represent yourself

  • you have not recalled the case before

You must explain why it is necessary and fair to recall the decision, for example, you were not able to attend because you were unwell.

Apply within 14 days of the date of the decision.

Reviewing the decision if it’s unfair

You can ask the tribunal to review their decision if you think it is unfair.

You’ll need to give reasons why it is necessary and fair to review the decision. For example, you could ask for a review if your landlord did not show evidence of why it's reasonable to evict you.

Apply within 14 days of the date of the decision.

Appealing the decision on a point of law

You can appeal if you think the tribunal did not use the law correctly when deciding your case.

Apply for an appeal within 30 days of either:

  • the decision being made at the hearing

  • the date on the letter when you get a written decision

The tribunal website has more guidance on recalls, reviews and appeals.

Compensation if you were wrongfully evicted

If you were evicted from a private residential tenancy under a false ground, you can apply for a wrongful termination order to get compensation.

Get proof if you believe the eviction order was granted based on false information, or you were misled into moving out. For example if you were evicted because:

  • the landlord wanted to move in but you’ve noticed the property is up for sale

  • the landlord wanted to sell but they have rented the tenancy out to new tenants

Take screenshots or print online advertisements for the property to support your application for compensation.

Check our advice on applying for a wrongful termination order.

Last updated: 3 October 2023

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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