Eviction if you have an assured tenancy
To end your assured tenancy, your landlord must send you a notice to quit. This tells you when they need to move out by.
If you do not move out by the end of the notice period, they’ll also need to send you a notice of proceedings. This is called an AT6 form.
Otherwise, they may not be able to get an eviction order from the First-Tier Tribunal for Scotland (Housing and Property Chamber).
The process is different if you have a short assured tenancy.
Getting a notice to quit
The notice to quit must be in writing. It must:
- say what notice period they are giving you
- tie in with the date the tenancy agreement ends – this is sometimes called the ‘ish date’
- say that if you do not move out, your landlord must apply for an eviction order
- say where to get independent advice on your rights
Getting a notice of proceedings
Your landlord can either give you this with the notice to quit, or separately.
It must be in writing and it should tell you:
- the amount of notice you’re entitled to
- the reason you’re being evicted – this is called an eviction ground
- why the eviction ground applies and what evidence they have
Eviction grounds
Your landlord can only evict you for one of the following reasons.
The amount of notice you must get depends on the eviction ground.
You landlord can use more than one eviction ground. If the grounds have different notice periods, the longer notice period will apply.
1. Your landlord wants to move in or it was previously their home
You must get 2 months' notice if your landlord uses this ground.
Your landlord can use this ground when either:
- they or their spouse or civil partner wants to move in
- they lived there before you moved in and they want to move back in
- they became the landlord after your tenancy started (but not through buying the house) and they want to move in
Your landlord cannot use this ground to evict you so they can sell the home. They must move in first.
2. The mortgage lender will sell the property
You must get 2 months' notice if this ground is used.
This ground can be used when your landlord has mortgage arrears, and their lender wants to sell the home to cover the debt.
In these circumstances, you will need to move out.
3. Off season holiday let
You must get 2 weeks’ notice if your landlord uses this ground.
They can use this ground when all the following apply:
- they usually rent the property out as a holiday home
- in the year before you moved in, the property was rented out as a holiday home
- you'd lived in the home for less than 8 months before you were given the notice of proceedings
4. The property is normally for student accommodation
You must get 2 weeks’ notice if your landlord uses this ground.
They can use this ground when all the following apply:
- the property is let to university or college students during term time
- it was rented out to students in the year before you moved in
- you had lived in the home for less than one year before you were given the notice of proceedings
5. The property is needed for a minister or lay missionary to move in
You must get 2 months’ notice if your landlord uses this ground.
Your landlord can evict you from the home if they want to let a minister or lay missionary move in while they are working in the area.
6. The property is needed for re-development
You must get 2 months’ notice if your landlord uses this ground.
They can use this ground if they want to do major work to the property and either:
- the work cannot be done while you are living there
- you have said that you do not want to live there while work is being done
Your landlord should pay you reasonable moving expenses if this ground is being used.
7. You inherited the tenancy through a will or intestacy
You must get 2 months’ notice if this ground is used.
The landlord can use this ground within one year of:
- the death of the tenant you inherited the tenancy from
- the landlord finding out the tenant had died
The landlord cannot use this eviction ground if both apply:
- you inherited the tenancy from a spouse or civil partner
- your spouse or civil partner did not inherit the tenancy from someone else
8. No longer in use - You have 3 months' rent arrears
This eviction ground cannot be used.
This eviction ground has been repealed by legislation.
Your landlord must use a different eviction ground if you have rent arrears, such as ground 12 - ‘You have some rent unpaid’.
9. Your landlord wants you to move to other suitable alternative accommodation
You must get 2 months’ notice if your landlord uses this ground.
Your landlord can use this ground if they can give you somewhere else to live.
The new accommodation must be suitable for you and your family. You must have the same or similar rights as you do in your current home.
10. You gave notice to quit to end the tenancy but did not move out
You must get 2 weeks’ notice if your landlord uses this ground.
They can use this ground if you gave them written notice that you were going to move out but then changed your mind and did not leave.
They must give you a notice of proceedings within six months of the date you said you were going to leave.
11. You repeatedly delay paying your rent
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you keep paying your rent late.
The tribunal must consider if the delay because of problems with your benefits.
12. You have some rent unpaid
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you have rent arrears on the day you get the eviction notice.
You can only be evicted if you have rent arrears on the day you go to the tribunal.
The tribunal must consider if the arrears are because of problems with your benefits.
13. You have breached a tenancy condition
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you have broken one of the terms in your tenancy agreement.
They cannot use this ground for rent arrears.
14. You allowed deterioration of the property or common areas
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if any of the following apply:
- you damaged the property or surrounding area
- someone living with you damaged the property or surrounding area
- you did not report damage to your landlord and the problem became worse
15. You caused or allowed nuisance or annoyance
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you or someone you live with has either:
- caused nuisance or annoyance to the neighbours
- been convicted of using the home for something illegal
16. You caused or allowed deterioration of the furniture
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you or someone you live with has either:
- damaged the furniture
- not looked after the furniture properly
17. You’re no longer an employee of your landlord
You must get 2 weeks’ notice if your landlord uses this ground.
Your landlord can use this ground if you were both:
- employed by your landlord
- living in the property as part of your job
If you do not move out
Your landlord will need to apply for an eviction order if you do not move out by the end of the notice period.