Understanding Section 8 Notices for Renters in Scotland

If you're renting in Scotland and your landlord wants you to leave your home, you might hear about a "Section 8 Notice." Knowing what this means, when it can be used, and how to respond can help you protect your rights as a tenant under Scottish law. Below, we explain everything you need to know about Section 8 Notices for renters in Scotland, including official forms, legal rights, and where to get support.

What is a Section 8 Notice in Scotland?

A Section 8 Notice is a formal eviction notice that your landlord may serve if they want to regain possession of the property before the end of your fixed-term tenancy. This notice outlines that the landlord believes there are legal grounds for eviction. In Scotland, Section 8 Notices specifically apply to certain types of tenancy agreements, including Assured and Short Assured Tenancies established before December 2017. Newer tenancies will generally fall under Private Residential Tenancies, which use different procedures.

The grounds for eviction must be clearly stated in the notice, and can include issues such as rent arrears, antisocial behaviour, or breach of tenancy agreements. The law that covers these procedures is the Housing (Scotland) Act 1988, Section 8.¹

Which Tenancies Does It Apply To?

Section 8 Notices are only used for:

• Assured Tenancies
• Short Assured Tenancies (before December 2017)

If your tenancy started on or after 1 December 2017, it is likely a Private Residential Tenancy and Section 8 does not apply—instead, your landlord must use other notice procedures.

Grounds for a Section 8 Notice

The landlord must give a valid reason (a "ground") for eviction, as listed in the Act. Common grounds include:

• Serious rent arrears (usually at least 3 months)
• Persistent delay in paying rent
• Damage to the property
• Use of the property for illegal activities
• Breach of other tenancy terms

The notice must state the exact grounds being used. Some grounds are mandatory (the tribunal must grant eviction if proven), while others are discretionary (the tribunal decides whether to evict).

How a Section 8 Notice is Served

Your landlord must give you a written notice before starting legal action to remove you from your home. The amount of notice you must get depends on the grounds for eviction, typically ranging from 2 weeks to 2 months. The notice must:

• Be in writing and specify the grounds for seeking possession
• State the date the notice expires (when court action may begin)
• Be delivered to you either in person or by post

Official Form: AT6 Notice

The form used for a Section 8 Notice in Scotland is called the Notice of Proceedings for Possession of a House let on an Assured Tenancy (Form AT6). This is the official notice landlords must provide:

• Form Name: Notice of Proceedings for Possession of a House let on an Assured Tenancy (AT6)
• When used: Given to tenants on assured or short assured tenancies (pre-Dec 2017) when the landlord wishes to regain the property using legal grounds.
• Where to find: Download the official Form AT6 and guidance from mygov.scot eviction notices page.

Example: If you have not paid rent for over three months under a Short Assured Tenancy signed before 2017, your landlord may serve you Form AT6 citing rent arrears as the ground for eviction.

What Happens After You Receive a Section 8 Notice?

Receiving an AT6 notice does not mean you have to leave immediately. The process is as follows:

• Notice period: You remain in your home for the duration of the notice period (often 2 weeks or 2 months).
• Legal proceedings: If you do not move out, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
• Your rights: You have the right to attend the Tribunal hearing and present your case. The Tribunal will review both sides before making a decision.

Your Options and Next Steps

If you receive a Section 8 Notice in Scotland:

• Check your tenancy type and confirm whether the notice is valid for your situation.
• Review the grounds cited on Form AT6—are they correct and up to date?
• Contact a renters' advice service or local council for support.
• Prepare your evidence and response for the Tribunal hearing, if needed.

FAQ: Section 8 Notices for Scottish Renters

1. What is the difference between a Section 8 Notice and a Section 33 Notice?
   A Section 8 Notice is used when a landlord has specific legal grounds for eviction, such as rent arrears. A Section 33 Notice is typically used to end a Short Assured Tenancy when the fixed term expires.
2. Does a Section 8 Notice mean I have to leave immediately?
   No, you are allowed to stay in your home until the official notice period ends and the Tribunal grants an eviction order.
3. Can I challenge a Section 8 Notice in Scotland?
   Yes. You can present your case at the First-tier Tribunal for Scotland, and the tribunal will decide if the eviction should go ahead.
4. Can my landlord use Section 8 if my tenancy started after December 2017?
   No, for Private Residential Tenancies (from December 2017 onwards), different eviction processes apply.
5. Where can I find the official AT6 form and guidance?
   You can access the AT6 form and helpful information on the mygov.scot eviction notices page.

Need Help? Resources for Renters in Scotland

• mygov.scot: Eviction Information for Tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber): Hearings and support
• Shelter Scotland: Eviction Advice
• Citizens Advice Scotland: Eviction Notices

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1. Housing (Scotland) Act 1988, Section 8 – legislation.gov.uk

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