Guide

If you're being evicted - private tenant

Last updated: 16 May 2017

Short assured tenants

A short assured tenancy always lasts a fixed length of time – at least six months.

When this runs out it can either renew itself for another fixed length of time or can continue on a month by month basis.

If you have a short assured tenancy and your landlord wants to evict you, the process depends on whether your tenancy has (or is about to) run out.

If your tenancy hasn't run out

If your landlord wants to evict you before your tenancy runs out, the eviction process is the same as if you were an assured tenant.

Your landlord has to:

  • send you a 'notice to quit'
  • send you a 'notice of proceedings'
  • tell the sheriff court they want to evict you

If your tenancy hasn't run out but your landlord has certain grounds to evict you, they don't have to send you a notice to quit – they can just go straight to the notice of proceedings.

If your tenancy has run out

Once your tenancy ends, your landlord can evict you without having to give any reason.

Before they can do this, they still have to:

  • give you a 'notice to quit'
  • give you at least two months' notice in writing that they want the home back – this is called a section 33 notice

If you don't leave by the end of this notice period, the landlord will have to tell the sheriff court that they want to evict you. You will then be summoned to court before sheriff officers come to remove you from the property.

Section 33 notice

If you have a short assured tenancy and the landlord wants you to move out of the home after it runs out, they have to send you a section 33 notice as well as the notice to quit.

This should be a letter that:

  • gives you at least two months' notice
  • tells you the landlord wants possession of the home
  • tells you that once the notice runs out the landlord still has to get a court order before you have to leave
  • includes information on where you can get advice

If your landlord wants you to move out on the day your tenancy runs out, they have to send you the section 33 notice two months in advance. They can't make you leave any sooner than this.

If you're being evicted - private tenant
Short assured tenants