Eviction if you have a private residential tenancy
You'll have a private residential tenancy if you rent from a private landlord or letting agent, and you moved in on or after 1 December 2017.
Your landlord must send you a valid eviction notice if they want you to move out. They can only ask you to leave for specific reasons, called grounds.
You do not have to leave by the date on your eviction notice. You could ask a tribunal to stop or delay the eviction.
The eviction rules are different if:
you have an assured or short assured tenancy - this applies if your tenancy started between 2 January 1989 and 30 November 2017
The eviction process
Your landlord must give you a valid eviction notice in writing.
If you have not moved out by the date on your eviction notice, your landlord can apply for an eviction order from the First-tier Tribunal (Housing and Property Chamber).
The tribunal must consider whether it's reasonable to evict you.
Your landlord cannot force you to leave without getting an eviction order from the tribunal.
The eviction ban has ended
There was a temporary eviction ban in Scotland, which ended on 31 March 2024.
Check if your eviction notice is valid
Your landlord cannot just tell you to move out or send a text. They must use a legal form called a notice to leave.
They can either:
send it in the post by recorded delivery
give it to you in person
send it by email, if your tenancy agreement says it can be sent this way
See what a notice to leave looks like
Your eviction notice may not be valid if it does not look like this, or if it includes misleading information.
The eviction grounds and notice periods
Your notice to leave must include:
the eviction ground that your landlord is using
the date when your notice period ends – this is when your landlord can apply to the tribunal
The notice period depends on how long you’ve lived there and which eviction ground your landlord is using.
Check the eviction ground to see how much notice you should get.
If your landlord is using more than one ground and they have different notice periods, the longer notice period applies.
Your landlord wants to sell the property
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use this ground if they intend to put the property up for sale within 3 months of you moving out.
Your landlord or their family member wants to live in the property
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use these grounds if they or their family member intend to live there as their main home for at least 3 months.
Family members are defined as:
parents or grandparents
children or grandchildren
partner or spouse
siblings
You have rent arrears
The notice period is 4 weeks (28 days).
Your landlord can only use these grounds if either:
you’ve had any amount of rent arrears for at least 3 months in a row
you have rent arrears that add up to 6 months’ rent or more
There are steps your landlord must take to help you before sending you an eviction notice.
You've broken a term in your tenancy agreement
The notice period is 4 weeks (28 days).
Your landlord can use this ground if you’ve broken a rule written in your tenancy agreement.
Your tenancy agreement cannot include terms that take away your legal rights. For example, it cannot say you must do repairs that your landlord is legally responsible for.
Check your rights and responsibilities in a private residential tenancy
You no longer live in the property
The notice period is 4 weeks (28 days).
Your landlord can only use this ground if they believe you’re not living in the property as your main home.
They cannot use this ground if you moved out because your home does not meet the repairing standard.
Your landlord’s mortgage lender is selling the property
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
This ground can only be used when:
the property is being repossessed because your landlord has defaulted on their mortgage or secured loan
the lender needs you to leave the property so they can sell it
Your landlord wants to refurbish the property
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use this ground if you would be unable to live in the home while the work is being done.
Your landlord wants to use the property for something else
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use these grounds if they want the property back for:
non-residential use, such as turning it into business premises
religious purposes
Your landlord can no longer legally rent the property to you
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
These grounds can be used if your landlord:
is not on the landlord register
does not have an HMO license when they should
has been given an overcrowding notice
You’re no longer the landlord’s employee
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use this ground if:
the property was rented to you as an employee, or in the expectation that you would become an employee
you’re no longer an employee or you never started employment
You no longer need supported accommodation
The notice period is:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Your landlord can only use this ground if:
the property was rented to you because you needed community care services
you’ve been assessed as no longer needing these services
If you've not been sent a 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.
I'm concerned that you're not following the legal process to evict me.
I have checked my rights on the Shelter Scotland website. You have not sent me a valid eviction notice, so I will not be moving out.
If you're not sure if your notice is valid, contact the council and ask them to check. Find your council's website on mygov.scot.
If you’re being harassed or pressured to move out, check our advice on stopping an illegal eviction.
If your landlord has used a ground falsely
You can take action if you believe:
your landlord wants the property back for a different reason than the one they’ve given
the ground they used does not apply
Collect evidence of why you think the ground is false. For example:
you asked your landlord to do repairs and they sent you an eviction notice
they asked you to leave for a different reason than the one written on your eviction notice
You can use this evidence to challenge the eviction at the tribunal.
If an eviction order is granted based on false information, or if you're misled into moving out, you can apply for a wrongful termination order to get compensation.
Delaying the eviction
If you're willing to move out but you need more time to find a new home, write to your landlord.
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.
Template: ask your landlord to delay eviction
Subject: asking for more time to find a new home
Since you sent me a notice to leave, I have been looking for a new home.
It's unlikely I will be able to move out by <date on your notice to leave>, 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 from the tribunal 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 the tribunal.
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:
After your notice period ends, you still have the right to stay in your home. Going to the tribunal could give you more time.
The tribunal process takes at least 2 months before you can be evicted. It often takes longer if the tribunal is busy or your case is complicated.
There are usually no costs to go to the tribunal.
Stopping the eviction
If you do not want to move out, you can ask the tribunal not to grant an eviction order.
The tribunal will look at the evidence and consider your circumstances to decide if:
the notice and the ground is valid
it’s reasonable to evict you
Check our advice on delaying or stopping an eviction at the tribunal
Finding somewhere else to live
Start looking for a new home as soon as you can.
You could 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.
Find your council's website on mygov.scot
Do not move out if you have nowhere else to go. If you leave before an eviction order has been granted, it could be harder to get homelessness help from the council.
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.
Ending your tenancy before the end of your notice period
You must give 28 days’ notice if you want to move out before the date on your notice to leave.
If you do not end your tenancy correctly, you'll have to keep paying rent until the end of the notice period, or until you move out, whichever is later.
Check our advice on getting your deposit back when you move out.
When to get advice from Shelter Scotland
Contact a Shelter Scotland adviser if you're worried about eviction and you want to discuss your options.
An adviser could help you:
work out how long you can stay in your home
understand your options
find legal help to stop the eviction
Before contacting an adviser, gather any relevant documents you have, including:
your eviction notice
your tenancy agreement
any emails, letters or texts your landlord has sent you about the eviction
any emails or letters the tribunal has sent you
Last updated: 31 March 2024
Housing laws differ between Scotland and England.
This content applies to Scotland only.