Winter Eviction Rules for Renters in Scotland

If you're renting in Scotland, you may be worried about the possibility of being evicted during the colder winter months. Many renters wonder if there are extra protections or restrictions in place during winter, especially given the costs and difficulties of moving home at this time of year. This article explains the rules around winter evictions in Scotland, your rights under the law, and what you can do if you receive an eviction notice.

Can You Be Evicted During Winter in Scotland?

In Scotland, there is no automatic ban or legal restriction that prevents landlords from starting or continuing eviction proceedings during winter. Eviction laws apply year-round—even during colder months. However, tenants do have significant legal protections regardless of the season.

Key Legislation for Scottish Renters

• Private Housing (Tenancies) (Scotland) Act 2016: Most private renters have a Private Residential Tenancy (PRT) covered by this Act.
• Housing (Scotland) Act 1988: Relevant for older Assured and Short Assured Tenancies.

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles all eviction applications from landlords.

Eviction Process: Notice and Tribunal Decision

If your landlord wants to evict you, they must follow the correct legal process. This process applies at any time of year, including winter:

• You must receive a formal notice from your landlord—either a Notice to Leave (for Private Residential Tenancies) or Notice to Quit (for older tenancies).
• Minimum notice periods apply, typically between 28 and 84 days, depending on the reason for eviction and the length of your tenancy.
• After the notice period ends, your landlord must apply to the Housing and Property Chamber for an eviction order.
• The tribunal will consider your circumstances, such as evidence of hardship, and can decide whether to grant extra time for you to leave.

There is no legal right to remain automatically through the winter, but the tribunal has powers to delay eviction based on your personal situation.

Official Eviction Notices in Scotland

Notice to Leave (Private Residential Tenancy)

• Form name: Notice to Leave (no form number; template prescribed in law)
• When it's used: Given by landlords to tenants with Private Residential Tenancies to begin the eviction process.
• Practical example: If you rent under a PRT and are behind on rent, your landlord must serve this form with the reason for eviction listed. The minimum notice period is usually 28 days, but can be up to 84 days.
• Official Scottish Government template and guidance

Notice to Quit (Assured or Short Assured Tenancies)

• Form name: Notice to Quit (no official number)
• When it's used: For older tenancies (prior to Dec 2017), this is the notice used by landlords to end the tenancy.
• Practical example: If your tenancy began before December 2017 and hasn't switched to a PRT, your landlord must serve this form, giving you a set period to leave.
• Scottish Government guidance on Notice to Quit

Tribunal Application: What Happens Next?

If you do not leave by the date stated on the notice, your landlord cannot remove you themselves. Instead, they must apply for an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).

• You will receive information from the tribunal about your rights to attend the hearing, submit evidence, and explain your situation (for example, illness or hardship caused by winter eviction).
• The tribunal has legal powers to delay or modify an eviction order in certain circumstances.

Every stage comes with formal written notice, and tenants always have the right to be heard before eviction is enforced.

Extra Winter Protections: Emergency Laws and Local Support

In response to exceptional circumstances (such as the Covid-19 pandemic or energy crisis), the Scottish Government has sometimes introduced temporary eviction bans or extra winter protections. These measures are not permanent and must be announced officially.

• As of 2024, there is no general winter eviction ban in place. Check the Scottish Government's official eviction advice for any temporary measures.
• If you are struggling during winter due to rent arrears or other issues, you may be able to access homelessness support and local council services.

What Should You Do if You Get an Eviction Notice in Winter?

If you receive an eviction notice at any time, including winter, take these steps:

• Read the notice carefully and check for the minimum notice period. Use the official Scottish Government templates to compare.
• Contact a free advice service or your local council if you're unsure about your rights.
• If you wish to challenge the eviction, gather evidence on why moving during winter would cause you hardship (e.g., medical issues, family circumstances) and present this to the tribunal.

Frequently Asked Questions: Winter Eviction in Scotland

1. Can my landlord evict me in winter in Scotland?
   Yes, there is no law that stops landlords from starting eviction during winter. However, they must still follow all legal notice and tribunal processes.
2. Are there extra protections against eviction in winter?
   Currently, no permanent law bans winter evictions in Scotland. In crisis situations, the government may introduce temporary restrictions, so check official updates.
3. What official forms must my landlord give me?
   If you have a Private Residential Tenancy, you must get a Notice to Leave. For older tenancies, you should receive a Notice to Quit. Both forms require clear written notice and set notice periods.
4. What if I can't move during winter due to health or family issues?
   You should inform the tribunal at your hearing. The tribunal has discretion to delay eviction in cases of hardship, especially in severe winter or vulnerable situations.
5. Where do I challenge an eviction in Scotland?
   You can raise your concerns and challenge the eviction at the First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Takeaways

• There is no automatic winter ban on eviction in Scotland, but legal notice and tribunal approval are always required.
• The tribunal may allow extra time if you face serious hardship, so make your case clearly.
• Always check the notice for legal validity and seek advice early if you are unsure of your rights.

If you get an eviction notice in winter, don't panic: you have time, rights, and support. Knowing the steps involved helps you plan and protect your home.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles eviction cases and provides guidance for tenants and landlords.
• Mygov.scot: Renters' Rights: Up-to-date guidance on notices and protections.
• Scottish Government: Dealing with Eviction: Official tenant advice and support options.
• Contact your local council for help if you are at risk of homelessness or in urgent need during winter.
• Citizens Advice Scotland: Eviction Advice: Free independent advice for any Scottish renter.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Prescribed Tenancy Notices
5. Scottish Government: Notice to Quit guidance
6. Scottish Government: Latest Eviction Updates

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