You can only be evicted from a Scottish secure tenancy for certain reasons, called eviction grounds.

The council or housing association must send you a written notice that says why they're starting eviction action. If someone tells you verbally that you need to move out, this is not valid.

You cannot be evicted without a court order. This takes time and you can negotiate to keep your home.

The eviction process

To start the eviction process, the council or housing association must follow these steps:

• send you an official letter called a notice of proceedings – this must give you at least 4 weeks before they can take you to court

• apply to court – you'll get a letter with a court date

• tell the court why you should be evicted – there can be several hearings, which are usually weeks apart

There are no costs

If the court agrees to evict you:

• you have 14 days to appeal the decision

• if you do not appeal or it's unsuccessful, the council or housing association can ask sheriff officers to evict you

• you'll get a letter from sheriff officers that says when you must leave – this usually gives you 14 days

• sheriff officers can remove you from your home if you do not leave by this date

If you're not on the tenancy agreement

You'll have less eviction rights. The council or housing association still needs a court order to evict you, but the court will usually agree to the eviction.

In some cases you could take over the tenancy so you can stay.

Check our advice on:

• succession of a tenancy when someone dies

• staying in a tenancy after breaking up with a partner

What to do if you get a notice of proceedings

Check that the notice:

• gives you at least 4 weeks' notice

• has been sent to everyone in your home aged over 16

• says what eviction ground is being used – this is the reason you’re being evicted

You do not have to move out by the date on the notice. This date is when the council or housing can apply to court.

What to say to the council or housing association

Contact the council or housing association. Ask why they're evicting you and what evidence they have for the eviction ground.

You can negotiate and try to stop the eviction. For example, you could agree to:

• make regular repayments towards any rent you owe

• stop any behaviour that's causing problems in your home or local area

In some cases, the council or housing association can offer you a different property or a fixed-term tenancy instead of evicting you. Eviction should always be the last resort.

Check our advice on negotiating to stop an eviction if:

• you have rent arrears

• you've been accused of antisocial behaviour

If you're being discriminated against

It could be discrimination if the reason you're being evicted is connected to a protected characteristic, like your gender, race or disability.

For example, if you're being evicted for behaviour that's caused by a disability.

A solicitor could argue in court that it would be discrimination to evict you.

Get advice on discrimination from the Equality Advisory and Support Service.

When to get advice from Shelter Scotland

Contact a Shelter Scotland adviser if you're worried about eviction and you want to talk through your options.

An adviser could help you:

• check if your notice is valid

• understand your housing options

• find legal help to stop the eviction

• check if an offer of a new home is suitable

Before contacting an adviser, gather any relevant documents you have, including:

• your notice of proceedings

• any court letters you have

• any letters about giving you a short Scottish secure tenancy