Court-Ordered Eviction Process for Renters in Scotland

If you rent your home in Scotland and have received notice that your landlord wants you to leave, it’s important to understand when and how court-ordered evictions can happen. The law protects renters from unfair or rushed evictions, and landlords must follow strict procedures set out by the Scottish Government.

What is a Court-Ordered Eviction?

A court-ordered eviction means your landlord has gone through an official legal process to regain possession of the property. In Scotland, private residential tenancies (PRTs) and assured or short assured tenancies are covered by different laws, but landlords usually must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) before you can be legally evicted.

When Can a Landlord Seek a Court-Ordered Eviction?

Your landlord must prove a legal reason (called a ‘ground for eviction’) before a tribunal will grant an eviction order. Common grounds include:

• Rent arrears (falling behind on your rent)
• Your landlord wants to sell the property
• Anti-social behaviour
• They or a close relative want to move in

Each ground has its own rules and required notice periods. You can check all grounds for eviction and notice periods for Private Residential Tenancies in the Private Housing (Tenancies) (Scotland) Act 2016, Schedule 3.¹

The Step-by-Step Eviction Process in Scotland

If your landlord wants you to leave, they must follow these key steps:

• Serve a valid notice: Usually, this is a Notice to Leave for PRTs. The notice must specify the ground(s) for eviction, the earliest date you must leave, and information about applying to the tribunal.
• Wait the notice period: The required time depends on the eviction ground—typically 28 or 84 days.
• Apply to the tribunal: If you haven’t left by the notice date, the landlord can apply to the First-tier Tribunal for Scotland for an eviction order.
• Tribunal hearing: You’ll be invited to a hearing where both sides can present evidence. The tribunal will only grant eviction if the correct process has been followed and the ground is proven.
• Eviction order issued: If the tribunal allows the eviction, they issue an Eviction Order, which is legally binding and permits a sheriff officer to remove you if necessary.

It’s illegal for your landlord to force you out without a tribunal eviction order—this is called an unlawful eviction.

Key Official Forms Involved

• Notice to Leave (No official form number): Your landlord uses this form to start the eviction process for Private Residential Tenancies. It states the reason for eviction and gives you a notice period. Example: If you’re at least three months behind on rent, your landlord can serve you a Notice to Leave. You can view the official model Notice to Leave form on the Scottish Government website.
• Application to the First-tier Tribunal (Eviction): After the notice period, a landlord must complete and submit an application for eviction to the First-tier Tribunal, including a copy of the Notice to Leave and supporting evidence. Example: If you stay past your notice date, your landlord uses this form to formally ask the tribunal for an order.

What Should Renters Do?

• Check if your eviction notice is valid and complete
• Gather any evidence (e.g., rent payment records, communication with your landlord)
• Seek advice early—contact Citizens Advice Scotland if unsure
• Prepare to attend the tribunal hearing—this is your chance to explain your side

FAQ: Court-Ordered Evictions in Scotland

1. How much notice must my landlord give me before a court-ordered eviction?
   The notice period depends on the eviction ground, but for most private tenancies it is 28 or 84 days. Check your notice letter for the period that applies to your situation.
2. What happens at a tribunal hearing for eviction?
   You and your landlord will be invited to present your points. The tribunal panel will look at the evidence and decide whether to grant an eviction order. You can bring documents and call witnesses to support your case.
3. Can I stop a court-ordered eviction in Scotland?
   If you can resolve the reason for eviction (such as paying off rent arrears) or show the notice is invalid, the tribunal may refuse the eviction. Get advice and attend the hearing—don’t ignore the process.
4. Am I still protected if my landlord tries to evict me without going to tribunal?
   Yes. It’s illegal for landlords to evict tenants without a tribunal order. If you’re threatened with unlawful eviction, contact your local council or Police Scotland right away.
5. Does eviction affect my credit record?
   The eviction process itself does not automatically affect credit records, but unpaid rent or court costs could impact your credit rating.

Conclusion: What Scottish Renters Need to Know

• Landlords must follow strict legal steps and apply to the tribunal for eviction
• You have a right to notice, a fair hearing, and free advice
• Never leave your home because of threats—get independent help if in doubt

By understanding the court-ordered eviction process, you can defend your rights and get the support you need at every stage.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Find guidance, forms, and decisions.
• Citizens Advice Scotland: Eviction Help – Free, impartial advice and support for renters.
• mygov.scot Eviction Advice – Official government information on evictions and your rights.
• Scottish Government: Notice to Leave Form – Download and check if your notice is valid.
• Scottish Legal Aid Board – Help with accessing legal advice and representation if you qualify.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Scottish Government: Model Notice to Leave Form
4. Scottish Government Evictions Guidance

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