How Scottish Renters Can Get Extra Time to Move Out

If you’re facing eviction or have received notice to leave your rented home in Scotland, you may be feeling anxious about moving out by the landlord’s deadline. Fortunately, under Scottish law, you have options to request more time to move and ensure you aren’t rushed or left homeless. This guide explains your rights, how to ask for extra time, and the official steps and forms involved for renters in Scotland.

Understanding Eviction Notices and Timeframes in Scotland

In Scotland, most tenants have a Private Residential Tenancy (PRT). Landlords must follow legal procedures when asking you to leave, including giving you written Notice to Leave. The notice period depends on the reason for eviction and how long you’ve lived in the property.

• Notice to Leave: A legal document from your landlord telling you when they want you to move out.
• Notice periods are usually 28 days or 84 days, depending on your circumstances.
• Shorter notice periods may apply in certain cases, such as anti-social behaviour.

If you need to check whether your landlord has followed the rules, review the official guide on private residential tenancies for tenants.

What If You Can't Move Out in Time?

If your Notice to Leave period is ending and you cannot move by the deadline due to personal reasons, ill health, or lack of alternative housing, you may be able to request more time.

• Talk to your landlord as soon as possible—many are willing to negotiate new moving out dates.
• If your landlord proceeds to the tribunal, you can ask for extra time as part of the formal process.
• You can't be physically evicted without an order from the First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Steps to Request More Time Legally

1. Double-check your Notice to Leave and confirm your move-out date.
2. Contact your landlord in writing to explain your situation and ask for a later date, keeping a record of all communication.
3. If the landlord won’t agree and applies to the tribunal, you have the right to make your case for more time.

Applying to the Tribunal: Official Forms and Procedures

If an agreement isn’t reached and your landlord applies to the tribunal for eviction, you will receive an application and a letter from the First-tier Tribunal for Scotland (Housing and Property Chamber) (the official body for tenancy disputes).

• You can submit written representations to the tribunal, explaining why you need extra time.
• The tribunal can grant up to 6 months’ extra time before you must leave, if it finds it reasonable. This is allowed under the Private Housing (Tenancies) (Scotland) Act 2016.¹

Official Tribunal Forms

• Response to Application (Form AT6 Response/Representations):
  • This is used if your landlord has started an eviction application and you have been notified by the tribunal.
  • How to Use: Complete the form to outline your reasons for requesting extra time. State any exceptional circumstances or hardship. Submit it to the address provided by the tribunal in your case correspondence.
  • Respond to a Tribunal Application: guidance and forms

Remember, attending the tribunal hearing (or joining by phone/video if remote) allows you to explain your circumstances directly. Bring evidence if possible (for example, letters from support services, job loss, or medical evidence).

Legal Protections for Renters in Scotland

Scottish law offers strong tenant protections to prevent unfair or immediate evictions. Landlords must:

• Always follow the correct legal notice periods
• Seek an eviction order from the tribunal (eviction without this is illegal)
• Allow tenants to request additional time through official processes

If you are worried about meeting a move-out deadline, get advice from your council, housing charities, or legal services right away.

FAQs: Extra Time for Renters Facing Eviction

1. Can my landlord force me out if I haven’t found a new place by the deadline?
   No, your landlord must apply to the First-tier Tribunal for an eviction order. They cannot change the locks or remove you without this legal process.
2. How much extra time can the tribunal give me to move out?
   The tribunal can delay eviction by up to 6 months if you show exceptional hardship or good reason.
3. Do I have to pay rent if I stay after the original moving out date?
   Yes, you are still responsible for paying rent until you move out, even if a tribunal grants extra time.
4. What evidence helps my case for extra time?
   Medical documents, proof of seeking alternative accommodation, letters from support services, or details of vulnerable family members in your household.
5. Where do I find official tribunal forms or get advice?
   Use the First-tier Tribunal for Scotland website for forms and guidance, and seek help from your local council or advice agencies.

Key Takeaways

• You cannot be evicted before the notice period ends and only with a tribunal order.
• If you need more time, show evidence of your circumstances and communicate with both landlord and tribunal.
• Always use official channels and forms; advice is available from government and renter support services.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – tenancy dispute and application information
• Shelter Scotland: Eviction Notice Checker (official charity guidance)
• Scottish Government: Tenant's Guide to Private Residential Tenancies
• Your Local Council Housing Service – search on mygov.scot

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1. Private Housing (Tenancies) (Scotland) Act 2016 Section 51 – Eviction Grounds and Procedures.
2. First-tier Tribunal for Scotland (Housing and Property Chamber) – official tenancy tribunal.
3. Scottish Government Tenant's Guide – rights and responsibilities.

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