Procedure for repossession

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

Coronavirus (COVID-19) and changes to eviction procedure

The Coronavirus (Scotland) Act 2020 has the effect of temporarily changing

  • the period of notice required (until 29 March 2022)

  • all grounds used in eviction actions in the private rented sector become discretionary (until at least 30 September 2022)

These changes apply from 7th April 2020.

If you are 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

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: 29 March 2022

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