When Bailiffs Can Legally Evict Renters in Scotland

Facing eviction can be stressful, especially when bailiffs get involved. If you're renting in Scotland, it’s vital to understand when bailiffs (also called sheriff officers) can lawfully evict you. This article explains the legal process, your rights, and where you can find official advice.

The Eviction Process in Scotland: Key Steps

Eviction in Scotland follows strict legal procedures. Bailiffs (sheriff officers) cannot turn up without notice or court permission. Here’s what typically happens:

• Notice to Leave: Your landlord must provide a formal Notice to Leave. This informs you of their intention to end your tenancy and why.
• Applying to the Tribunal: If you don’t leave by the specified date, your landlord applies to the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Eviction Order: Only after the tribunal grants an eviction order can the landlord use sheriff officers (bailiffs) to remove you.

This process protects renters by ensuring you have warning and legal rights at every stage.

Relevant Tenancy Legislation

Most Scottish tenants are protected under the Private Housing (Tenancies) (Scotland) Act 2016.^[1]

When Can Bailiffs (Sheriff Officers) Evict You?

Bailiffs (called 'sheriff officers' in Scotland) can only evict you:

• After the First-tier Tribunal issues an eviction order;
• You’ve been given official written warning that enforcement is happening;
• A court document called a ‘charge for removing’ has been served on you.

It is illegal for bailiffs or your landlord to physically evict you without this court process.

Essential Official Forms and Documents

• Notice to Leave
  
  • Form name: Notice to Leave (no number, template on gov.scot)
  • Usage: Served by the landlord to begin eviction for Private Residential Tenancies. For example, if your landlord needs to regain their property or you’ve fallen behind on rent, they must issue this notice first.
  • Official template and guidance
• Eviction Order
  
  • Form name: Decision and eviction order (no standard form—granted by the tribunal)
  • Usage: After holding a hearing, the First-tier Tribunal for Scotland issues this order if they agree with the landlord’s application. Without this, sheriff officers cannot evict you.
  • Housing and Property Chamber portal
• Charge for Removing
  
  • Form name: Charge for Removing (prepared by sheriff officers)
  • Usage: Official legal warning that enforcement (eviction) will take place, giving you a short period (typically 14 days) before removal. Example: You receive this after losing at tribunal and before the bailiffs’ visit.
  • mygov.scot guide to eviction notices

Your Rights: What Sheriff Officers Can and Can't Do

• Bailiffs cannot evict you without a tribunal eviction order.
• You must receive a ‘charge for removing’—a notice telling you exactly when enforcement will happen.
• Sheriff officers must act professionally and cannot use force unless necessary (for example, if you refuse entry on eviction day).

If You Want to Challenge an Eviction

You may be able to argue your case at the First-tier Tribunal for Scotland. Common reasons for challenge include:

• You have paid rent arrears in full.
• The landlord’s paperwork isn’t complete, or procedure hasn’t been followed.
• The eviction ground relied on by the landlord is incorrect or unfair in your situation.

What Should Renters Do If Sheriff Officers Contact Them?

If you get a charge for removing or sheriff officer paperwork:

• Read all documents carefully and note dates.
• Contact free advice services immediately (see below resources).
• If you’re vulnerable or have nowhere else to go, speak to your local council’s homelessness service.

If you leave the property before the eviction date, sheriff officers do not need to visit.

FAQ: Eviction and Bailiffs in Scotland

1. Can bailiffs evict me without notice?
   No, sheriff officers must give written notice (charge for removing) and only act after a tribunal eviction order.
2. How much warning will I get before eviction by sheriff officers?
   Typically, you will receive 14 days’ notice following the charge for removing, but check your paperwork for exact timescales.
3. What can I do if I disagree with the eviction order?
   You may be able to appeal or apply for a review at the First-tier Tribunal for Scotland, but act quickly as deadlines are strict.
4. Can my landlord change the locks or remove me themselves?
   No. Landlords cannot lawfully change locks or forcibly remove renters without proper legal authority and sheriff officers present.
5. Is eviction different for council or housing association tenants?
   Some steps vary, but all renters are protected by law and have the right to official notice and a court or tribunal process.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – information on the tribunal process and hearings
• mygov.scot: Eviction Guidance – official government guidance on evictions and your rights
• Citizens Advice Scotland – free support and advice for renters
• Scottish Courts: Eviction Appeals Guidance
• Contact your local council’s housing and homelessness advice team

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. mygov.scot – Eviction Guidance

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