Being evicted by a council or housing association
A council or housing association must follow a specific process if they want to evict you.
They can ask the court for an order to evict you if you’ve broken your tenancy agreement with them or they need you to move somewhere else.
There’s a different eviction process if you’ve abandoned the property.
If you’re being evicted and cannot find a new home, you can get help with homelessness from your local council.
Getting a notice of proceedings
Before the council or housing association can ask the court for an order to evict you they must send you a ‘notice of proceedings’.
This is a letter that must include:
- the reason the council or housing association may ask the court for an order to evict you – sometimes called an eviction ground
- the amount of notice you’re being given that court action may be raised – this must be at least 4 weeks
- where the grounds include rent arrears, information about the steps the landlord has taken to help you with your arrears – this is called pre-action requirements
The council or housing association must send a copy of the notice of proceedings to everyone living in your home who is aged 16 years and over.
What to do if you get a notice of proceedings
You do not have to move out by the date on the notice. This date is when the council or housing can apply to court for an eviction order.
Talk to the council or housing association as soon as possible if you want to keep your home.
You may be able to avoid being evicted if you can agree with the council or housing association what will change. For example, agreeing a repayment plan for your rent arrears.
Get advice about eviction
You can get free independent advice from:
You can also get legal advice from a solicitor. If you’re on a low income you may qualify for legal aid.
Getting a court summons
The council or housing association must send you a court summons before taking you to court.
They can only send this 4 weeks after the notice of proceedings.
The summons will say what date your court hearing is. This must be at least 3 weeks from the date on the letter.
Getting legal advice and representation may help you keep your home and challenge the eviction in court.
If the court decides to evict you
The court will grant an eviction order. This gives the council or housing association permission to evict you.
You’ll be given a deadline to move out by.
If you do not move out by the deadline, sheriff officers can remove you from the property.
If you have a short Scottish secure tenancy
The process is different if you’re being evicted from a short Scottish secure tenancy at the end of the fixed term:
- you must get a letter called a ‘notice of proceedings’
- you must get at least 2 months’ notice that the council or housing association may raise court action
- the council or housing association has to give you a reason for eviction
Checking if you have a short Scottish secure tenancy
You will only have a short Scottish secure tenancy in specific situations, including if:
- you or someone you live with has been evicted for antisocial behaviour in the last 3 years
- you or someone you live with is subject to an antisocial behaviour order (ASBO)
- you or someone you live with has repeatedly behaved antisocially
- you’re homeless and living in temporary accommodation