Eviction if you have a short Scottish secure tenancy

A short Scottish secure tenancy (SSST) is a council or housing association tenancy with a fixed term.

If your landlord wants to evict you at the end of your fixed term, they must send you a valid notice. You can appeal an eviction within 14 days of getting the notice.

Get legal advice as soon as possible if you're being evicted from a short Scottish secure tenancy.

Check your tenancy type

Your tenancy agreement will say your tenancy type.

You’ll only have an SSST if both of these apply:

• you rent your home from the council or a housing association

• your tenancy has a fixed term of 6 months or more

Before you moved in, you should have been told in writing why you were given this tenancy type. For example, you can be given an SSST because of previous antisocial behaviour.

Check our advice on when you could have an SSST.

Eviction before the end of your fixed term

Your landlord needs a valid reason, called an eviction ground, to make you leave before the end of your fixed term.

Check our advice on eviction grounds in social tenancies.

Eviction at the end of your fixed term

Your landlord does not need to use an eviction ground to evict you at the end of your fixed term, but there's still a strict legal process.

They must send you 2 notices:

• a notice to quit that ends your contract

• a notice of proceedings that gives you at least 2 months’ notice before they can take court action

If you have an SSST because of previous eviction or antisocial behaviour

You can only be evicted at the end of your fixed term if you’ve broken a term of your tenancy.

Your notice of proceedings must say which tenancy terms have been broken.

Appealing an eviction notice

You can appeal the decision to evict you. To do this, ask the council or housing association for a review of the decision. You must do this within 14 days of getting a notice of proceedings.

If you ask for a review, your landlord must respond to you before the date on your notice. They can either:

• withdraw the notice, which means you will not be evicted

• continue with the eviction process – they must tell you the reasons why they’ve decided this

What happens after your notice period

Your landlord can only make you leave with a court order.

They have up to 6 months to take court action, starting from the end of your notice period. If they do not apply to court within this time, they’ll have to start the process again by sending you a new notice.

The court will usually agree to evict you if your landlord has followed the correct process.

If you think they’ve done something wrong, you could challenge it in court.

Get advice if you’re being evicted

Contact a Shelter Scotland adviser if you've been sent an eviction notice in an SSST. An adviser could help you understand your rights and options.

Before contacting an adviser, gather any relevant documents you have, including your notice of proceedings and any court letters you’ve been sent.

If you're being taken to court, you’ll need a solicitor’s help. Check our list of legal services that can help with housing issues.