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Eviction

A sheriff officer can evict you if a court or tribunal orders it.

Tribunals are similar to a court. They deal with specific issues, such as housing.

Notice they need to give you

The document that tells you about an eviction is called 'Form of charge of removing'. A sheriff officer must deliver it.

When you get this document you have 14 days to leave the property. 

If you do not leave by the eviction date, sheriff officers will send or deliver another document called 'Form 4: Notice of the date of removal'. This will tell you the date and time they'll arrive to evict you.

They must give you 48 hours notice of when they're coming to evict you.

Contact Shelter Scotland for advice if you get an eviction letter.

If you refuse to leave

If you refuse to leave sheriff officers are allowed to physically remove you from your home.

You could be charged with 'breach of the peace' if you:

  • struggle with the sheriff officer
  • try to stop them evicting you

Sheriff officers and the police

A sheriff officer can bring the police with them when they come to evict you.

The police cannot help the sheriff officer carry out the eviction. But they can arrest you if you break the law. For example, if you cause a breach of the peace.

Further help if you're facing eviction

Get more help with eviction from the Shelter Scotland website.

Check if the eviction ban applies to you on the Shelter Scotland website.

Get free debt advice

The Scottish Government helps to fund organisations to give free debt advice.

You can get advice by phone, online or face to face.

Check where you can get free debt advice.

Get legal advice

Check where you can get help with a legal problem.

 

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