Scottish housing advice: coronavirus (COVID-19)
Landlords and letting agents have to follow specific legal procedures if they want to evict tenants.
Even if you have been sent an eviction notice, there may still be ways to prevent eviction from taking place.
There is no longer a ban on evictions
Each area of Scotland is in Level 2 or lower. There is no eviction ban in areas that are in Level 2 or lower.
Your landlord still needs to follow the right process to evict you.
Landlords must serve valid notices on tenants. Due to coronavirus there are some changes to the eviction process still in place until the end of September 2021:
notices have longer notice periods. This can be up to six months depending on the ground
most eviction grounds are discretionary. This means landlords must show it is reasonable to evict you based on the ground they use
Normal notice periods apply for grounds relating to criminal or antisocial behaviour.
After your notice expires your landlord can’t evict you without an order:
from the Sheriff Court if you rent from the council or a housing association
from the First-tier Tribunal if you rent from a private landlord or letting agency, and you do not live with your landlord
Know your rights
When it comes to eviction, there is significant protection for tenants. For example:
you should be given the correct amount of notice before you have to leave
your landlord may need to have a specific reason for evicting you (such as you breaking a term of your tenancy agreement)
Your rights will vary depending on:
whether you live with your landlord
what type of tenancy you have
Use our tenancy checker if you're not sure what type of tenancy you have.
What to do if you receive an eviction notice
It's important to check your tenancy rights. For most tenancy types, your landlord has to have a reason for evicting you.
View your tenancy to find out the eviction process your landlord has to follow:
Once you know your rights you might want to:
talk to your landlord to see if you can prevent the eviction
talk to the council about how they can help you
contact the police if you are concerned you are being harassed or illegally evicted
View more information on the steps you can take if you're being evicted.
What if I live with my landlord?
If you live with your landlord, they won't need to get a court order before they can evict you. However, your landlord should give you proper and reasonable notice that they want you to leave.
All of Scotland is now in Level 2 or lower.
This means evictions can now be enforced across the country.
Contact an adviser at Shelter Scotland if you are concerned that you will be evicted.
Use the Scottish Government's postcode checker if you're not sure what level your area is in.
These temporary regulations will be regularly reviewed by the Government.
Last updated: 16 June 2021