Eviction Process for Renters: Key Steps in Scotland

Facing eviction can feel overwhelming, especially if you’re unsure about your rights or the correct procedures your landlord should follow in Scotland. This guide breaks down each step of the eviction process, relevant forms, and official resources, so you can stay informed and supported.

The Eviction Process in Scotland: An Overview

Most renters in Scotland have a Private Residential Tenancy (PRT). If your landlord wants you to leave, they must follow a strict legal process to evict you. This ensures the process is fair and gives you time to seek help, challenge the eviction, or find alternative accommodation.

Key Steps Your Landlord Must Take

• Serve the correct notice with the right form
• Wait the required notice period
• Apply to the independent First-tier Tribunal for Scotland (Housing and Property Chamber) if you do not leave
• Tribunal makes a decision—only then can eviction proceed legally

Let’s look at each step in more detail, including what forms should be used and what options you have as a renter.

Eviction Notices and Official Forms in Scotland

Evictions must follow the rules set out in the Private Housing (Tenancies) (Scotland) Act 2016[1]. There are different processes depending on your tenancy type, but most private renters since December 2017 are on a PRT.

1. Notice to Leave (Private Residential Tenancy)

• Form name: Notice to Leave (no formal number, but specific wording required by law)
• Usage: Your landlord must serve you this notice, stating their reason(s) for eviction, such as rent arrears or wanting to sell the property.
• Minimum notice period: Usually 28 days, but can be up to 84 days depending on how long you’ve lived there and the reason for eviction.
• Official source and template: Find guidance and a template on the Scottish Government website.
• Example: If your landlord wants you to leave because they’re selling the property, they should issue a Notice to Leave stating this as the reason and providing the required notice period.

2. Notice to Quit (Other Tenancy Types)

• Form name: Notice to Quit (no number, standard legal notice)
• Usage: Used for older assured or short assured tenancies (pre-Dec 2017), not for most new tenancies.
• Official guidance: mygov.scot landlord guidance

Applying to the First-tier Tribunal for Scotland

• If you do not leave when the notice period ends, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
• You will receive tribunal papers and be invited to a hearing where you can present your side.

Tribunal information and application forms can be found on the Housing and Property Chamber's website.

Your Rights and How to Respond

Under Scottish law, you are protected against unlawful eviction. You do not need to leave unless the tribunal grants an eviction order. If you receive any notice, don’t panic. Double-check the form for mistakes and seek advice promptly.

Action Steps for Renters

• Check if the notice form is valid and correctly completed
• Seek advice immediately from a tenants’ advice group or local council
• Prepare evidence if you want to dispute the eviction at the tribunal (e.g. proof of rent payments, communications with landlord)
• Respond to correspondence from the tribunal and attend hearings if possible

If you believe your landlord hasn’t followed the correct process, raise this at your hearing or seek legal advice via Citizens Advice Scotland.

FAQ: Eviction in Scotland

1. How much notice should my landlord give me?
   Usually at least 28 days, but sometimes 84 days depending on your circumstances. Always check the notice period on your Notice to Leave.
2. Can my landlord evict me without going to the tribunal?
   No, your landlord must obtain an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber). Without it, any eviction attempt is unlawful.
3. What should I do if the notice form contains errors?
   Incorrect or incomplete notices may not be valid. Seek advice from a local advice agency and raise these issues at the tribunal hearing.
4. Do I have to move out as soon as I receive a Notice to Leave?
   No. You only need to leave if the tribunal grants an eviction order. Use the notice period to seek advice and prepare your case.
5. What happens at the tribunal hearing?
   You’ll be able to share your side and present evidence. The tribunal considers both sides before making a decision.

Key Takeaways for Renters

• Your landlord must serve a valid notice using the correct form and wait the proper notice period.
• No one can legally remove you without an eviction order from the First-tier Tribunal for Scotland.
• Help is available—act promptly and seek advice if you receive an eviction notice.

Staying informed and responding quickly gives you the best chance of achieving a positive outcome and protecting your rights.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Tribunal information and forms
• Scottish Government Private Residential Tenancy Guide: Official forms and eviction rules
• Citizens Advice Scotland – Private Renting: Free advice for renters
• Contact your local council housing team if you are threatened with homelessness

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1. Private Housing (Tenancies) (Scotland) Act 2016 – official text

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