Eviction Rules for Renters in Scotland: What You Need to Know

Feeling unsure about whether you can be made to leave your rented home is stressful. In Scotland, renters have strong legal protections, and eviction can only happen under strict legal procedures. This guide explains your rights, how eviction works, and what to do if you receive a notice—from recognising official forms to getting support, so you can confidently assert your rights.

When Can a Landlord Ask You to Leave in Scotland?

Most private renters in Scotland have a Private Residential Tenancy (PRT), introduced under the Private Housing (Tenancies) (Scotland) Act 2016¹. Your landlord cannot simply tell you to leave—they must follow a legal process and use specific reasons (“grounds for eviction”).

• Landlords must give the correct amount of notice in writing, using the official form.
• They need to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), who will decide if the eviction can go ahead.
• Certain ‘mandatory’ grounds mean eviction must be granted if proven. For others, the tribunal decides if it is reasonable.

There are special rules for Council and Housing Association tenants. For most private renters, the rules above apply.

What Official Forms Do Landlords Use?

To legally start eviction, landlords in Scotland must use the following forms:

• Notice to Leave
  • When it’s used: Your landlord serves this when they want you to leave, stating the eviction grounds. How much notice you get (28 or 84 days) depends on your circumstances and the reason given.
  • What it looks like: The form must meet the requirements set by Scottish law. See a sample and download the official template from the Scottish Government website.
  • Renter example: If you are 7 months into your tenancy and the landlord wants to sell, you should receive this form giving you at least 84 days’ notice.
• Notice to Quit (for older tenancies)
  • When it’s used: If your agreement started before December 2017 (such as an Assured or Short Assured Tenancy).
  • Form details and guidance: The Scottish Government explains the process here.
  • Renter example: You moved in during 2015, so your landlord must issue a Notice to Quit, following older rules.

Do I Have to Leave as Soon as I Get a Notice?

No—you do not have to move out immediately. Even if you receive a formal ‘Notice to Leave’, your landlord cannot evict you themselves. They must apply to the tribunal, who will decide. You have a chance to state your case and get advice.

The Eviction Process in Practice

Eviction in Scotland is a step-by-step legal process. Here’s what typically happens:

• Your landlord issues the official notice (such as the ‘Notice to Leave’).
• If you don’t move out when asked, they must apply to the First-tier Tribunal (Housing and Property Chamber).
• You will receive papers and have a chance to respond, or attend a tribunal hearing.
• If the tribunal sides with the landlord, they will grant an ‘eviction order’ (not the landlord themselves).
• Only authorized officers (sheriff officers) can legally remove you, if it comes to that.

This process can take several months. It is illegal for a landlord to force you out without a tribunal order—if this happens, contact your local council or the police.

Your Rights and Defences

Scottish law offers renters strong safeguards:

• Landlords can only evict for specific legal grounds, such as not paying rent or the landlord wanting to sell.
• You have the right to challenge an eviction by providing evidence to the tribunal (e.g., rent arrears occurred temporarily due to job loss, but you can now pay).
• Special protections exist for certain circumstances—for example, disability or family hardship.

For a summary of your rights, see mygov.scot’s eviction rights page.

If You Need to Challenge an Eviction

If you receive a tribunal application, instructions will come with it, including deadlines for your response. You can present evidence, attend the hearing in person or remotely, and ask for advice from a free service or solicitor.

1. What’s the difference between a Notice to Leave and an eviction order?
   A Notice to Leave is the official warning a landlord gives you notifying you of their intention to begin eviction. An eviction order is granted by the tribunal and is the only legal permission to remove you from your home.
2. What can I do if I think my landlord is evicting me unfairly?
   If you believe you are being evicted without grounds or not given the right notice, you can challenge this at the First-tier Tribunal. Gather any documents, emails, or evidence that supports your situation.
3. How much notice does a landlord need to give in Scotland?
   Usually, it’s 28 or 84 days, depending on how long you have lived there and the reason. For most cases, it’s at least 84 days if you’ve lived there for more than six months.
4. Can my landlord physically remove me after serving a notice?
   No, only after the tribunal grants an eviction order and then only sheriff officers can remove you—never the landlord in person.
5. Where can I get free advice about eviction or my rights?
   Start by contacting Shelter Scotland or your local council. See the resources below for official and free support options.

Need Help? Resources for Renters

• Eviction advice on mygov.scot: Your official guide on eviction processes and rights
• Shelter Scotland: Free housing advice and support for renters
• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles all eviction applications and tenancy disputes
• Citizens Advice Scotland (find your local office)

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1. Private Housing (Tenancies) (Scotland) Act 2016

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