Are Verbal Eviction Notices Legal for Renters in Scotland?

If you're renting in Scotland and facing the threat of eviction, it's essential to understand how the process works. One common question is whether landlords can evict tenants with just a spoken (verbal) notice. This article explains the legality of verbal eviction in Scotland, steps landlords must follow, and your rights as a tenant under Scottish law.

Can a Landlord Evict You with a Verbal Notice in Scotland?

In Scotland, verbal eviction is not legal. Your landlord cannot evict you simply by telling you to leave, no matter how informal the arrangement may seem or what type of tenancy you have. Scottish law requires landlords to follow strict procedures—starting with a written notice—before any eviction can happen.

What Does the Law Say?

The process for eviction is set out under the Private Housing (Tenancies) (Scotland) Act 2016^[1] for Private Residential Tenancies (PRT), and the Housing (Scotland) Act 1988^[2] for older tenancies such as Assured and Short Assured Tenancies. All require written notice.

Key Points About Scottish Eviction Law

• Your landlord must provide written notice using specific legal forms.
• Verbal instructions to leave do not meet legal requirements.
• If you do not leave after a proper notice period, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.

What Written Notice is Required for Eviction in Scotland?

The process and required documents depend on your tenancy type:

For Private Residential Tenancies (PRT) (since December 2017)

• Notice to Leave
• Must be given in writing (not verbally) and state the grounds for eviction.
• The notice period depends on the eviction ground and your circumstances but is usually between 28 and 84 days.

Official form: Notice to Leave (mygov.scot)

• When and how is it used? If your landlord wants you to leave a PRT, they must send you a Notice to Leave. It should include the reason for eviction and the amount of notice you're entitled to. For example, if your landlord wants to sell the property, they must still issue this written notice and wait for the notice period before taking further steps.

For Assured and Short Assured Tenancies (pre-December 2017)

• Notice to Quit (template and guidance)
• Section 33 Notice (for Short Assured Tenancies)
• Both notices must be given in writing and meet legal requirements for content and timing.

Official forms:

• Notice to Quit template (mygov.scot)
• Section 33 Notice explanation (gov.scot)

Practical example: If you're in an assured tenancy and your landlord wants you to leave, they must give you the correct written Notice to Quit (and Section 33 notice if applicable), not just ask verbally.

What Happens After Written Notice?

After providing written notice, your landlord must apply for an eviction order from the tribunal if you do not leave. They cannot change the locks or force you out themselves.

• All eviction applications go to the First-tier Tribunal for Scotland (Housing and Property Chamber).
• You will be given a chance to present your side before any eviction order is granted.

Your Rights and Action Steps as a Renter

• You have a legal right to written notice, and time to respond.
• If your landlord attempts a verbal eviction, you can refuse to leave until proper written notice is served.
• For illegal or retaliatory eviction attempts, contact your local council or seek advice from a tenant advocacy service.

Summary: Eviction must follow a strict, written process. Verbal instructions to leave do not count as legal notice.

FAQs: Scottish Eviction Notices

1. Can my landlord evict me on the spot in Scotland?
   No, a landlord must give you written notice and follow a legal process. Verbal demands to leave are not valid, and you always have rights to a notice period and tribunal process.
2. What if I get a text or email instead of a formal notice?
   A text or email may count as written notification if all legal information and notice periods are included, but it's best if the official template is used. If in doubt, seek advice.
3. What should I do if my landlord tells me to leave without notice?
   Stay put and do not hand over keys. Request a written notice, keep a record, and seek advice from local authorities or tenant services.
4. What tribunal oversees renter eviction disputes in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) is the body responsible for eviction cases in Scotland. See the official tribunal here.
5. How do I check if my notice is valid?
   Compare your notice to official templates and guidance from mygov.scot, or seek help from your local council or a tenants’ support body.

Key Takeaways

• Verbal eviction is always illegal in Scotland—all eviction steps must be in writing.
• Make sure any notice matches official forms, includes the legal grounds, and gives you the correct notice period.
• If in doubt, consult the First-tier Tribunal for Scotland or a tenant advocacy service.

Need Help? Resources for Renters

• Eviction Advice and Notices – mygov.scot
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Eviction Help
• gov.uk – Private Renting: Evictions
• Your local council's housing advice team

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] Housing (Scotland) Act 1988

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