Guide

If you're being evicted - private tenant

Last updated: 16 May 2017

Assured tenants

If you have an assured tenancy, your landlord has to follow a number of steps before they can evict you.

The full process is:

  • your landlord will send you a 'notice to quit'
  • your landlord will send you a 'notice of proceedings'
  • you will be sent a summons telling you when your case will be heard in court
  • your case will be heard in court
  • if the sheriff agrees to your landlord's request to evict you, sheriff officers will be sent to the home to remove you

Notice to quit

A notice to quit is written notice that your landlord wants to end your tenancy and wants you to move out of the home.

You don't have to leave the home if you get a notice to quit – your landlord will have to get an order from the court before you might have to leave.

A notice to quit is only valid if it:

  • is in writing
  • tells you how long your notice is
  • ties in with the 'ish date' (the date your tenancy agreement ends)
  • makes it clear that even when the notice runs out the landlord still has to get an order from the court before you have to leave
  • tells you that you can get independent advice, and tells you where you can get it
If you get a notice to quit you should talk to your landlord because they might not actually want you to leave yet. There can be other reasons for giving you a notice to quit – they might want to change the terms of the tenancy agreement, or they might want to save time in case they do decide they want you to move out in the future.

Notice of proceedings

As well as the notice to quit, your landlord also has to send you a notice of proceedings. This can be sent at the same time as the notice to quit, or later on.

A notice of proceedings is written notice that your landlord is going to start legal proceedings to get their home back.

This should come on a special form called an AT6.

It'll tell you:

  • the reasons (or grounds) why the landlord wants the home back
  • how these reasons apply to you
  • how much notice they have to give before they can contact the court and ask to have you evicted.
The length of notice the landlord has to give you depends on their grounds for eviction. For example, if they want to carry out building work on the home they have to give you two months' notice, but if it's because you aren't paying rent they only have to give two weeks.

Once the notice period runs out your landlord has up to six months to contact the sheriff court and start the eviction process. If they don't do it with six months they have to start again by sending you the notices.

Court summons

Before you can be evicted, your case has to be heard at a sheriff court.

When your notice period runs out, your landlord will go to the court and ask for eviction proceedings to start.

You will then be sent a summons, which is a letter from the court telling you when your case will be heard and asking you to go to court to give your side of the story.

If you get a summons, it's a good idea to get advice before you go to court. Shelter Scotland's free housing helpline on 0808 800 4444 or your local Citizen's Advice centre will be able to help.

If you're being evicted - private tenant
Assured tenants