Skip to main content
Shelter Logo
Scotland

Procedure for repossession

There is a set procedure for repossessing a property let on a regulated tenancy.

If you're advising a client with a regulated tenancy who is at risk of eviction please speak to a specialist housing law solicitor.

This content applies to Scotland

The eviction enforcement ban

There is currently a limited ban on enforcing evictions until 31 March 2024.

We have more guidance on the eviction ban and the rent cap.

Repossessing a regulated tenancy

When attempting to recover possession of a property let on a regulated tenancy, the landlord must serve a notice to quit on the tenant. [1] This must contain prescribed information as to the tenant's rights: if it does not do this, it is invalid. [2] The period of notice must be at least 28 clear days, or 40 days if the lease is from year to year. The date the tenant has to leave the property must be stated and, in general, must coincide with the ish of the tenancy. The notice must be served by a sheriff officer, registered letter or recorded delivery letter.

For more information on tribunal procedure, please see the section on First Tier Tribunal Housing and Property Chamber.

Last updated: 7 February 2023

Footnotes

  • [1]

    ss.34-38A Sheriff Courts (Scotland) Act 1907; s.112 Rent (Scotland) Act 1984; Rent Regulation (Forms and Information) (Scotland) Regulations 1991, SI 1991/1521, as amended by the Rent Regulation (Forms and Information Etc.) (Scotland) Regulations 1993, SI 1993/647 and the Housing (Scotland) Act 2006 (Consequential Amendments) Order 2007, SSI 2007/475

  • [2]

    J Mitchell, 'Eviction and Rent Arrears', (1995), Shelter, para 5.2