Eviction Rules When Repairs Are Needed in Scotland

If you are renting a home in Scotland and your landlord needs to carry out repairs, you may worry about whether this puts your tenancy at risk. Understanding when and how eviction can happen during repairs ensures you know your rights. Scotland’s tenant protections are clear, but there are specific steps landlords must follow if they want you to leave, especially in connection to property repairs or redevelopment.

How Repairs Affect Eviction Rights in Scotland

Landlords in Scotland are legally responsible for keeping rental properties in good repair under the Private Housing (Tenancies) (Scotland) Act 2016^[1]. However, needing to perform repairs does not automatically allow your landlord to evict you. Only in certain situations, such as when significant works require you to move out permanently, can an eviction notice be served—and even then, only following the correct legal process.

When Can Repairs Lead to Eviction?

Landlords can only ask you to leave for major repairs that can’t be done while you live there, or if they intend to demolish or substantially refurbish the property. Even in those situations, strict rules apply:

• A valid reason (called a "ground for eviction") must exist—such as Ground 10 (“refurbishment needed requiring vacant possession”)
• The landlord must serve you the correct written notice
• You have the right to challenge the eviction at the First-tier Tribunal for Scotland (Housing and Property Chamber)

Types of Tenancies and Applicability

Most tenants in Scotland have a Private Residential Tenancy (PRT), which means your landlord must use the correct legal notice and follow tribunal processes. Social housing tenancies (from councils or housing associations) have separate rules, but the basic principles remain similar regarding eviction only for substantial repairs or redevelopment.

The Legal Process Landlords Must Follow

If a landlord claims they need to evict you for repairs, there’s a strict process under Scottish law:

• Grounds for eviction: For example, Ground 10 under Schedule 3 of the 2016 Act covers when major works require the property to be empty.
• Notice to Leave: The landlord must serve you a formal ‘Notice to Leave’—not just an informal request to vacate.
• Tribunal approval: If you do not leave when the notice period ends, the landlord must apply to the First-tier Tribunal for an eviction order. The tribunal decides if the eviction is justified.

Official Forms and Notices

• Notice to Leave: Used to start the formal eviction process. Your landlord must state the ground (such as Ground 10 for major repairs), give the correct notice period (usually 84 days, or 28 days if you've lived there under 6 months), and supply evidence for the repairs needed.
  See detailed Notice to Leave guidance here.
• Eviction Order Application (Form G): If you stay after the notice period, landlords apply to the tribunal with this form for an eviction order.
  Download application forms and guidance from the tribunal.

These forms must be correctly completed and evidence-backed.

Your Rights as a Renter During Repairs

You cannot be forced out of your home simply because repairs are needed. In almost all cases, you have the right to stay while minor or moderate repairs are done. If significant works are needed (like structural repairs or remodelling), the landlord must prove to the tribunal that you need to be evicted for the work to go ahead. The tribunal will consider all circumstances—including whether the works can be staged or adjusted so you can remain.

Your landlord must provide written notice and evidence before taking any steps to remove you for repairs. Never agree to leave based purely on a verbal request.

What if You’re Asked to Leave for Repairs?

If your landlord asks you to leave for repairs:

• Ask for a written ‘Notice to Leave’ stating the eviction ground
• Request copies of any evidence that major works are necessary
• You can remain until the correct notice period ends unless the tribunal orders otherwise

How to Challenge or Appeal an Eviction for Repairs

Do not panic if you receive a Notice to Leave. You can submit objections to the tribunal if you believe the eviction is not necessary or if you want to suggest alternatives. Remember:

• File your response with the First-tier Tribunal (Housing and Property Chamber)
• Provide supporting evidence (e.g., the repairs could be done while you remain; you have caring responsibilities, etc.)
• The tribunal will make the final decision having considered both sides

This means renters have a meaningful say in whether moving out for repairs is really unavoidable.

FAQ: Renters’ Rights and Repairs Eviction in Scotland

1. Can my landlord make me leave for minor repairs?
   No. In Scotland, eviction is only possible for major works that require the property to be empty. For routine or minor repairs, you have the right to stay.
2. What should a Notice to Leave for repairs look like?
   It must state the eviction ground used (e.g., major works), the notice period, and provide evidence. Always check the official requirements on the Scottish Government PRT Guide.
3. Do I have to pay rent if I temporarily move out?
   If you agree with your landlord to move out voluntarily and repairs take a long time, you can discuss a rent reduction or suspension, but there is no automatic right. Get any agreement in writing.
4. Who decides if an eviction for repairs is justified?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) reviews all evidence and circumstances before granting any eviction order.
5. What help can I get if I think my eviction is unfair?
   Free support is available from Scottish tenants’ advice services and local council housing teams.

Conclusion: What Renters in Scotland Should Know

• Landlords cannot evict you for repairs unless major works genuinely require it, and only by following official procedures.
• Always demand a formal ‘Notice to Leave’ and seek advice if you’re uncertain.
• You can challenge any eviction order at the First-tier Tribunal for Scotland, ensuring your rights are protected.

With the proper information and support, you can make informed choices if repairs are planned at your rental home.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Tribunal proceedings, forms, and advice for housing disputes
• Scottish Government: Private Rented Sector: Official guidance on your rights and repairs
• Citizens Advice Scotland: Free, impartial support for tenants
• mygov.scot: Renting and your rights

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1. Private Housing (Tenancies) (Scotland) Act 2016 (Schedule 3 – eviction grounds)
2. First-tier Tribunal: Eviction Proceedings
3. Scottish Government PRT Supporting Notes

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