What is tenant eviction in Scotland?
Tenant eviction is the legal process a landlord must use to remove a tenant from their rental property. In Scotland, you can't just tell a tenant to leave or change the locks.
For any private residential tenancy, which is the standard tenancy agreement in Scotland, you must have a valid reason (ie a 'ground') for eviction and serve the tenant with the correct written notice. If the tenant doesn't leave, you must get an eviction order from the First-tier Tribunal (Housing and Property Chamber).
How do I start the eviction process for a private residential tenant?
The first step is to formally tell your tenant that you want them to leave. You must do this by serving them a notice to leave. This notice must:
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be in writing
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state the specific ground(s) you're using for eviction
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state the date the notice period ends
You must also provide the tenant with any supporting evidence for the ground(s) you are using at the same time you serve the notice. You can't start an application at the First-tier Tribunal without having served a valid notice to leave.
What are the reasons for eviction?
You can only evict a private residential tenant if you can prove one of the 18 specific grounds set out in law. These grounds are split into two types:
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mandatory grounds (eg the landlord intends to sell the property) - if the ground is proven, the Tribunal must issue an eviction order
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discretionary grounds (eg the tenant is in rent arrears by a small amount) - the Tribunal decides if it's reasonable to grant an eviction order, even if the ground is proven
For a full list and detailed explanation of all 18 grounds, read Grounds for eviction in Scotland.
How much notice do I have to give a private residential tenancy tenant?
The amount of notice depends on how long the tenant has lived in the property and the reason for the eviction. You must give:
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28 days' notice if the tenant has lived there for six months or less (regardless of the ground)
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28 days' notice if the tenant has lived there for more than six months and you are using one of the 'conduct' grounds (eg rent arrears, anti-social behaviour, or criminal activity)
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84 days' notice if the tenant has lived there for more than six months and you are using any other ground (eg you intend to sell or refurbish the property)
You should always double-check the notice period, as getting it wrong can invalidate your notice.
What if my tenant is in rent arrears?
Rent arrears are one of the 'conduct' grounds for evicting a private residential tenancy tenant. This means you only need to give 28 days' notice.
However, you must follow specific pre-action requirements before you can apply to the Tribunal. Even if the ground is proven, the Tribunal still has the discretion to decide if eviction is reasonable.
For more information, read Grounds for eviction in Scotland.
Can I evict a tenant if I didn't protect their deposit?
You must protect a tenant's deposit in a government-approved tenancy deposit scheme. If you failed to do this, a tenant can apply to the Tribunal and may be awarded up to three times the deposit amount.
Critically, failing to protect the deposit can also complicate an eviction. The Tribunal may be less likely to grant an eviction order, especially on discretionary grounds, if you haven't met your legal responsibilities.
What happens if my tenant doesn't leave after the notice period?
If the date on your notice to leave passes and the tenant is still in the property, they are not breaking the law. You can't force them to leave.
Your next (and only) legal step is to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. You must do this within six months of the notice expiring.
You'll submit your application and evidence, and the Tribunal will schedule a hearing. If you're successful, the Tribunal will issue an eviction order. If the tenant still doesn't leave, you must use a sheriff officer to carry out the eviction.
For more information, read First-tier Tribunal for Scotland (Housing and Property Chamber) and Eviction by a sheriff officer.
Can a tenant challenge an eviction?
Yes. A tenant can challenge an eviction by not moving out and defending their case at the Tribunal hearing. They might argue that your notice to leave is invalid, that you haven't provided enough evidence for your ground, or (for discretionary grounds) that it isn't reasonable to evict them.
What if my tenant has an assured or short assured tenancy?
Private residential tenancies replaced assured and short assured tenancies on 1 December 2017. If your tenant moved in before this date (and the tenancy hasn't been changed into a private residential tenancy), you have a 'legacy' tenancy.
The eviction process for these older tenancies is different.
How do I evict an assured tenant?
To evict an assured tenant, you must have one of the 17 grounds for eviction set out in the Housing (Scotland) Act 1988.
You must serve the tenant with two notices:
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a notice to quit
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a notice of proceedings (also known as an AT6 form) which lists the specific ground(s) you are using to evict the tenant
The notice period depends on the ground you're using (it's often two weeks or two months). If the tenant doesn't leave by the notice end date, you must apply to the First-tier Tribunal for an eviction order.
How do I evict a short-assured tenant?
The process depends on when you want the tenancy to end. To end the tenancy:
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at the fixed term date - this is the 'no-fault' route. You must serve both a notice to quit (which must end on the tenancy's end date, known as the 'ish' date) and a section 33 notice. Together, these must give the tenant at least two months' notice. You don't need to provide a ground
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during the fixed term - you can only do this if you have a valid eviction ground (eg the tenant has broken the tenancy agreement). You must follow the process for an assured tenancy eviction instead
What is an illegal eviction?
An illegal eviction (also known as an ‘unlawful eviction’) is when a landlord attempts to force a tenant out of their home without following the proper legal process. Examples include:
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changing the locks
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cutting off utilities like water or electricity
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threatening or harassing the tenant
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physically removing the tenant or their belongings
Illegal eviction is a serious criminal offence. A tenant can get help from their local council and can even report it to the police, and you could face large fines or even imprisonment. A tenant can also apply to the First-tier Tribunal for damages.
What is wrongful termination of a tenancy?
This is a different concept from illegal eviction and applies specifically to private residential tenancies.
A wrongful termination is when a landlord misleads a tenant into moving out. The most common example is serving a notice to leave on the ground that you intend to sell the property. The tenant moves out, but you then re-let the property to a new tenant instead of selling it.
If a tenant believes they were misled into leaving, they can apply to the First-tier Tribunal for a wrongful termination order. If the Tribunal agrees, it can order you to pay the tenant compensation of up to six months' rent.
For a detailed breakdown of the process and all 18 grounds, read Grounds for eviction in Scotland. Do not hesitate to Ask a lawyer if you require assistance or if you have any questions about your specific situation, especially if you have an older assured or short assured tenancy.
