Tenant Eviction Rights in Scotland: What Renters Need to Know

If you’re renting in Scotland, facing an eviction notice can be distressing and confusing. Understanding your rights is crucial—eviction rules in Scotland protect tenants through strict legal procedures, required notice periods, and access to official support. This guide outlines what you need to know if your landlord is trying to end your tenancy, including practical steps and reassurance, so you feel more in control of your housing situation.

Understanding Eviction in Scotland

Most private tenants in Scotland have a Private Residential Tenancy (PRT), governed by Scottish law. Whether your landlord wants to end your tenancy due to rent arrears or for another reason, they must follow clear rules specified in the Private Housing (Tenancies) (Scotland) Act 2016^[1]. Social housing tenants are protected by similar safeguards under the Housing (Scotland) Act 2001^[2].

Key Legal Protections for Renters

• Your landlord cannot remove you without official notice and a legal process
• Evictions require specific notice periods, depending on the reason and tenancy type
• Only the First-tier Tribunal for Scotland (Housing and Property Chamber) can legally order an eviction

Even if you’re worried, remember: you do not have to leave just because you’ve been asked. Protection is built into Scottish law.

Notice Required Before Eviction

Before going to tribunal, your landlord must provide the correct form and notice period:

• Notice to Leave: Used for Private Residential Tenancies.
• Notice of Proceedings (AT6): Used for Assured and Short Assured Tenancies.

The notice must clearly state the reasons (known as "grounds") for eviction. For example, unpaid rent or the landlord wanting to sell the property.

Official Eviction Forms (with Practical Examples)

• Notice to Leave
  Official Notice to Leave guidance for tenants.
  Example: If you rent under a Private Residential Tenancy, your landlord must serve you a Notice to Leave, outlining the reason for eviction and giving you either 28 or 84 days’ notice, depending on how long you’ve lived in the property and the reason. Only after this can they apply to the tribunal.
• Notice of Proceedings (Form AT6)
  Download and guidance for Form AT6.
  Example: If you have an older Assured or Short Assured Tenancy, the landlord uses the AT6 form to give notice, stating the specific grounds for possession and relevant timescales.

Do not ignore any official notice—always read it carefully and seek support if anything’s unclear.

Your Rights During the Eviction Process

Eviction can only proceed if the correct notice has been given and the Tribunal grants an eviction order. Scottish law gives you rights throughout:

• You have the right to stay in your home until the process ends and an eviction order is granted
• You can challenge the eviction reason at the First-tier Tribunal
• You are entitled to written notice and time to respond
• Your landlord must respect your privacy—no "lock-outs" or harassment

Attending the Tribunal

If the landlord applies to the Tribunal for eviction, you’ll receive further information and a chance to present your case. Hearings are usually informal and you can attend virtually or in person. The tribunal considers both parties before making a decision.

Common Grounds for Eviction

• Rent arrears (usually 3 or more months overdue)
• Landlord intends to sell or live in the property
• Tenant breaches tenancy conditions

Each ground has specific rules and evidence requirements, explained in the Act's list of eviction grounds.

What to Do If You Receive an Eviction Notice

• Check the notice: Ensure it uses the correct form and states a valid ground
• Check the notice period: Make sure you’re being given enough time (typically 28 or 84 days)
• Seek advice: Contact a free support service or local council
• Respond if needed: Prepare your evidence and written response for the tribunal

It's important not to leave your home until all legal steps have been completed and you have somewhere safe to go.

FAQ: Tenant Eviction Rights in Scotland

1. How much notice does my landlord have to give me?
   For most private tenancies in Scotland, the minimum is 28 days if you’ve lived there less than 6 months, or 84 days if you’ve lived there longer or depending on the eviction ground.
2. Can I be evicted without going to the Tribunal?
   No. In Scotland, your landlord must get an eviction order from the First-tier Tribunal for Scotland before you are legally required to leave your home.
3. What if my landlord threatens me or tries to change the locks?
   This is illegal. If this happens, contact Police Scotland right away and get advice from a free legal service.
4. Do I have to pay rent during the eviction process?
   Yes, you are still responsible for rent during notice periods and the tribunal process, even if eviction has started.
5. How do I challenge an eviction notice?
   You can submit a response and evidence to the Tribunal. Attend your hearing, either in person or online, to present your case. Seek support from advice services for guidance.

Conclusion: Key Takeaways for Scottish Renters

• Your landlord must follow set legal steps and give proper notice before starting eviction
• You can challenge an eviction at the First-tier Tribunal for Scotland
• Never leave your home until you’ve had proper advice—illegal eviction is a serious offence

With the right information and support, you can navigate eviction with confidence and protect your rights as a renter in Scotland.

Need Help? Resources for Renters

• Scottish Government guide: Eviction for private tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber): For tenancy disputes and eviction hearings
• Shelter Scotland advice services: Free, confidential support for housing issues
• Citizens Advice Scotland: Housing support
• Official housing forms, notices, and guidance

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2001

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