Eviction if you have a regulated tenancy

You’ll only have a regulated tenancy if you rent from a private landlord or letting agent, and your tenancy started before 2 January 1989.

Your landlord cannot just tell you to move out. You can only be evicted for specific reasons, called cases.

They must send you 2 written notices:

a notice to quit, which ends your tenancy contract
a notice of proceedings, which tells you the reason for eviction

You do not have to leave by the date on your notice. If you do not move out, your landlord must apply for an eviction order from a tribunal. You can ask the tribunal to stop or delay the eviction.

If you’ve been sent a notice to quit

It’s only valid if:

it’s in writing, not a text or email
the date matches the end of the fixed term on your agreement
it states that your landlord must get an eviction order from the tribunal before you have to leave
it includes information about where you can get advice

A valid notice to quit ends your tenancy contract, but you still have a legal right to stay in your home.

To make you leave, your landlord must also send you a notice of proceedings and get an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).

Check the date on your notice to quit

The date must match the end date of your tenancy’s fixed term. The notice period depends on how long your original fixed term was.

The fixed term should be written in your tenancy agreement.

If your fixed term was less than 4 months, the notice period is one-third the duration of your tenancy, with a minimum of 28 days.

If your fixed term was more than 4 months, the notice period is 40 days.

If you’ve been sent a notice of proceedings

It must say which case your landlord is using to evict you.

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

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

The eviction ban has ended

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

The eviction cases

There are 21 cases your landlord can use for eviction.

To use cases 11 to 21, your landlord must have told you in writing at the start of the tenancy that these cases could be used.

1: Rent arrears or breaching your tenancy agreement

Your landlord can use this case if you’ve missed rent payment or broken another term in your tenancy agreement.

There are steps your landlord must take to help you before sending you an eviction notice.

Check our advice on stopping an eviction for rent arrears

2: Nuisance, annoyance or using the home illegally

Your landlord can use this case if you or anyone living with you has either:

caused nuisance or annoyance in or around your home
been convicted of using your home for illegal purposes

3: Deterioration of the condition of the property

Your landlord can use this case if you or someone living with you has caused the property to get into a bad state.

The landlord cannot evict you for repairs that they should have done. Check our advice on your landlord’s repair responsibilities.

4: Deterioration of furniture

Your landlord can use this case if you or someone living with you has caused damage to furniture your landlord provided.

5: You gave a notice to quit

Your landlord can use this case if you gave notice to end your tenancy but did not move out.

6: Subletting or assigning without permission

Your landlord can use this case if you do either of the following without their permission:

sublet all or part of your home
pass your tenancy on to someone else

7: You’re no longer employed by your landlord

Your landlord can use this case if both of these apply:

you were previously renting the home as the landlord’s employee, but you’re no longer employed by them
your landlord needs your home back for a full-time employee to live in

8: Your landlord or their family member needs to move in

Your landlord can use this case if they or their family member needs to live in the property.

Family members are the landlord’s:

children who are 18 or over
parents
parents-in-law

9: Excessive charge for sublet

Your landlord can use this case if you sublet your home and charge more rent than you are being charged yourself.

10: Overcrowding

Your landlord can use this case if all of these apply:

your home is dangerously overcrowded
the overcrowding is caused by having a lodger or subtenant
it would have been reasonable to ask the lodger or subtenant to leave, but you did not

11: Your landlord previously lived in the home

This case can be used if your landlord previously lived in the home, and either:

your landlord, or a family member who previously lived there with them, needs to move in
your landlord has died, and someone who has inherited the property needs to move in or sell the property
the property is not suitable for the landlord to live in, and they need to sell it so they can buy something more suitable
your landlord’s mortgage lender has repossessed the property and wants to sell it

12: Your landlord bought the home to live in after retirement

This case can be used if your landlord bought the home with the intention to move in when they retired, and either:

your landlord has retired and needs to move in
your landlord has died, and someone who has inherited the property needs to move in or sell the property
your landlord’s mortgage lender has repossessed the property and wants to sell it
the property is no longer suitable for your landlord to move into, and they need to sell it to buy a more suitable home for retirement

13 and 14: Holiday lets and educational off-term lets

These cases can no longer be used.

15: You have a short tenancy

Your landlord can use this case if:

your fixed term was between 1 and 5 years long
your landlord told you in writing at the start of the tenancy that it would be a short tenancy.

16: A minister or lay missionary needs the property

Your landlord can use this case if the property is intended as accommodation for a minister or full-time lay missionary of any religion.

17, 18 and 19: An agricultural worker needs the property

Your landlord can use one of these cases if:

the property used to be accommodation for an agricultural worker
the landlord needs the property for this purpose again

They cannot use these cases if either:

you used to work on the land for the landlord
you are a widow or widower of someone who did

20: Your home is specially designed or adapted

Your landlord can use this case if the property is designed or adapted for someone with specific needs, and:

nobody in your household has these needs
your landlord wants to rent the property to someone who does

21: Your landlord is a member of the armed forces

Your landlord can use this case if all of the following apply:

your tenancy started after 30 November 1980
your landlord is a member of the armed forces
your landlord or someone who has inherited the property from them needs to move into or sell the property

If your notice is not valid

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 being harassed or pressured to move out, check our advice on dealing with illegal eviction.

Stopping or delaying eviction

If you do not want to move out, you can challenge the eviction at the tribunal.

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

You can also ask the tribunal to delay your eviction if you need more time to find a new home.

Check our advice on stopping or delaying eviction at the tribunal.

Finding somewhere else to live

Start looking for a new home as soon as you can, in case the eviction order is granted.

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.

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.

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: 3 October 2023