Do Landlords Need Written Notice to Evict in Scotland?

If you’re renting in Scotland, it’s important to know your rights and the legal process around eviction. Scottish law sets clear rules on when and how a landlord can ask you to leave your home. A common worry for tenants is whether a landlord can evict you without providing written notice. Here is what you need to know, including the required written forms, your rights, and what steps to take if you’re given notice.

Eviction Rules for Renters: Does a Landlord Need to Give Written Notice?

In Scotland, a landlord must always provide written notice if they want to evict you from your rented home. This rule applies to the majority of private tenants, including those with a Private Residential Tenancy (PRT), which is the most common tenancy agreement in Scotland today.^[1]

Why Written Notice is Required

• Written notice guarantees the tenant knows when and why the landlord wants possession of the property.
• It gives renters a fair chance to seek advice or challenge an eviction if needed.
• No oral or text-messaged warning is legally acceptable as notice in Scotland.

Failing to provide proper written notice makes an eviction invalid. Landlords must follow the law exactly before a renter can be legally required to leave.

What Notice Must Be Given and Which Forms Are Used?

The process and required forms depend on your tenancy type:

Private Residential Tenancy (PRT) Notice

If you have a PRT, the landlord must give you a document called a Notice to Leave.

• Form name: Notice to Leave
• Purpose: The landlord uses this form to formally start the eviction process, stating the reason and the date you must leave.
• Minimum notice period: Usually 28 days, but can be longer depending on your tenancy duration and the eviction reason. For full details, consult the Scottish Government guidance.

Example: If you fall behind on rent and your landlord wants to end your tenancy, they must serve a Notice to Leave explaining the reason and the date you must move out.

• See guidance and download the Notice to Leave form

Assured and Short Assured Tenancies

• Form name: Notice to Quit
• Purpose: Served to end the tenancy, usually at the agreed end date.
• Additional: Form AT6 – For certain grounds (like rent arrears), the landlord must also serve a Form AT6 notice.

Example: If your Assured Tenancy is ending or the landlord has grounds to evict, they will serve a Notice to Quit (and possibly Form AT6) stating why and when you must leave.

• Details and templates for Notice to Quit and Form AT6

Social Tenancies (Council or Housing Association) Notices

Social landlords must also provide written notice, usually with a Notice of Proceedings—explaining the reason and legal basis for seeking eviction.

• More information is available from the Scottish Government's eviction guidance for social tenants.

Who Handles Eviction Cases?

Eviction disputes for private tenancies in Scotland are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber). This official tribunal is responsible for all residential landlord and tenant issues, including evictions.^[2]

What Happens If a Landlord Tries to Evict Without Written Notice?

• You do not have to leave if you have not received valid written notice.
• Even after notice, a landlord cannot remove you by force—they must apply to the Tribunal for an eviction order if you refuse to leave after the notice period.
• Illegal eviction is a criminal offence. If you are threatened or forced out without a proper process, contact your local council or Police Scotland.

Your landlord must use official forms and follow the legal process. If in doubt, seek advice before leaving your home.

What the Law Says: Tenancy Legislation

The main laws covering eviction notice in Scotland include:

• Private Housing (Tenancies) (Scotland) Act 2016 – sets rules for Private Residential Tenancies
• Housing (Scotland) Act 1988 – covers assured and short assured tenancies

These laws require written notice in nearly all residential eviction cases.^[3]

Action Steps for Renters Facing Eviction

• Ask to see your written eviction notice and check it is on the correct form.
• Review the notice period and the reasons given for eviction.
• Seek advice from a professional agency or contact the Housing and Property Chamber if you’re unsure.
• If the notice is not valid, you have the right to stay until the proper process is followed.

FAQs: Eviction Notices in Scotland

1. Can my landlord evict me immediately without any notice?
   No. In Scotland, landlords must always give proper written notice using official forms before starting the eviction process.
2. What happens if my landlord tries to evict me without written notice?
   If you have not received a valid written notice, you do not have to leave. Illegal eviction is a criminal offence, and the landlord must go through the correct legal process.
3. What official eviction forms should my landlord use?
   For Private Residential Tenancies, the landlord must use a Notice to Leave. For assured tenancies, a Notice to Quit (and sometimes Form AT6) must be used. Council or housing association tenants should receive a Notice of Proceedings.
4. Where can I challenge an unfair eviction?
   You can challenge an eviction or seek advice at the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. How much notice should I get before I have to leave?
   The required notice period depends on your tenancy type and the reason for eviction, but it is usually at least 28 days for Private Residential Tenancies. Always check your notice for the exact date.

Key Takeaways for Scottish Renters

• Your landlord cannot evict you without providing written notice on the correct form.
• If you do not receive written notice, you are not legally required to leave your home.
• Eviction disputes are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).

Knowing your rights ensures you can respond confidently if your landlord tries to evict you without following the proper legal process.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Get help with eviction disputes and applications
• Scottish Government – Tenant Protection Information
• Citizens Advice Scotland – Eviction Rights Guidance
• Police Scotland – In case of threats, harassment or illegal eviction
• Contact your local council's housing department for homelessness support

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1. Private Housing (Tenancies) (Scotland) Act 2016: official legislation
2. First-tier Tribunal for Scotland (Housing and Property Chamber): official tribunal website
3. Housing (Scotland) Act 1988: official legislation

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