Scottish housing advice: coronavirus (COVID-19)

Eviction

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

Scotland has moved beyond level 0. 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 31 March 2022:

  • 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:

If you are being forced out, have nowhere to go, or sheriff officers have come to your door contact an adviser at Shelter Scotland.

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.

Enforcing evictions

Scotland has moved beyond level 0.

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.


Last updated: 16 June 2021

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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