What to Expect After Receiving an Eviction Notice in Scotland

If you’re a renter in Scotland and have received an eviction notice from your landlord, it’s essential to understand what happens next. Knowing your rights and the legal process can help you make informed decisions, protect your home, and avoid unnecessary stress. This guide breaks down each stage after a notice is served, including tribunals, official forms, and key resources.

Understanding Eviction Notices in Scotland

When a landlord wants a tenant to leave their property, they must first serve the correct notice. The type and length of notice depend on your type of tenancy. In most modern cases, you’ll have a Private Residential Tenancy (PRT), covered by the Private Housing (Tenancies) (Scotland) Act 2016¹.

• Notice to Leave: Used for Private Residential Tenancy agreements.
• Notice to Quit and Section 33 Notice: Used for Assured or Short Assured Tenancies. These tenancies are less common after December 2017.

The notice must state the reason ("ground") for eviction and the date you are expected to leave.

What Happens Once a Notice Is Served?

Here’s a step-by-step breakdown of what typically happens after you receive an eviction notice in Scotland:

1. Review the Notice for Validity

• Check that the notice includes all required details, such as your name, address, and the reason for eviction.
• Ensure you have been given the correct notice period (usually between 28 and 84 days, depending on the eviction ground and how long you’ve lived in the property).
• If anything is missing, the notice may not be valid. Learn more from the Scottish Government’s guidance on eviction notices.

2. The Notice Period

• You do not have to leave immediately after receiving a notice. You are entitled to stay for the full notice period explained in the letter.
• Use this time to seek advice, negotiate, or explore alternative housing.

3. After the Notice Period: The Tribunal Process

If you have not left the property by the date stated in the notice, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. They cannot force you out without this legal order.

First-tier Tribunal for Scotland (Housing and Property Chamber) is the body that handles eviction applications.

• Your landlord will submit the required forms and evidence to the Tribunal, not directly to you.
• You will receive notification from the Tribunal and can present your case or evidence during a hearing.
• The Tribunal will review the case and decide whether to grant an eviction order.

Relevant Official Forms You Might Encounter

• Notice to Leave
  • Use: This is the official document your landlord must serve to end a Private Residential Tenancy.
  • Example: If your landlord wants you to leave due to rent arrears, they issue a Notice to Leave form explaining the ground and notice period.
  • Download the Notice to Leave form (Scottish Government)
• Eviction Application Form: Form E
  • Use: Landlords use this form to apply to the First-tier Tribunal for eviction orders if tenants do not vacate after the notice period.
  • Example: If you stay in the property after the notice period, the landlord submits Form E to start tribunal proceedings.
  • View Eviction Application Form E (Housing and Property Chamber)

For more information, the full list of Tribunal forms is available on the official Housing and Property Chamber forms page.

What If the Tribunal Grants an Eviction Order?

• If the Tribunal grants the eviction, you’ll be given a date to leave the property.
• If you do not leave by that date, the landlord can instruct sheriff officers to carry out the eviction.
• Sheriff officers must follow strict legal procedures — they must give notice and cannot use force unless necessary.

Key Actions for Renters

• Check your notice carefully for errors or missing details.
• Seek advice early from reputable organisations or your local council.
• Respond promptly to any correspondence from the Tribunal.
• Attend the hearing if you wish to challenge the eviction or present evidence.

Frequently Asked Questions

1. Can my landlord evict me without going to court?
   No, in Scotland a landlord cannot remove you from the property without an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).
2. How much notice should I get before being asked to leave?
   Most renters are entitled to 28–84 days’ notice, depending on your tenancy type, how long you’ve lived there, and the reason for eviction.
3. What can I do if I think my eviction notice is not valid?
   Contact a local advice agency or your council for help. If the notice has errors, it may not be legally enforceable and you should raise this with the Tribunal if proceedings go ahead.
4. Do I have to attend the Tribunal hearing?
   You are not required to attend, but doing so allows you to share your side of the story and provide evidence.
5. Where can I get help during the eviction process?
   You can contact advice agencies like Shelter Scotland, or your local council for guidance and support through the process.

Conclusion: Key Takeaways for Renters

• Receiving an eviction notice starts a legal process—your landlord must follow all correct procedures and apply to the Tribunal if you do not leave.
• You have rights and should never be forced to leave without a Tribunal eviction order.
• Check all notices for accuracy, and don’t hesitate to seek professional support at any stage.

Staying informed and acting early helps protect your rights as a renter in Scotland.

Need Help? Resources for Renters

• Scottish Government: Renting and Evictions
• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles eviction applications and disputes
• Shelter Scotland Advice
• Citizens Advice Scotland: Evictions and Problems With Landlords
• Your local council’s housing department – search "eviction support" with your council’s name on mygov.scot

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Notice to Leave (Scottish Government)
4. Eviction Application Form E (Housing and Property Chamber)

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