Your Rights in a No-Fault Eviction as a Scottish Renter

No-fault evictions are a concern for many tenants in Scotland. Whether you’re renting a flat or a house, it’s essential to know your rights when your landlord asks you to leave, even if you’ve done nothing wrong. This guide explains the rules on no-fault eviction in Scotland, the official process your landlord must follow, and how you can protect yourself during this time.

Understanding No-Fault Eviction in Scotland

A no-fault eviction means your landlord wants you to leave the property, but not because you have breached your tenancy or caused problems. This process mainly affects those with a Private Residential Tenancy (PRT), which most renters in Scotland have since December 2017.

• With a PRT, your landlord cannot evict you without a valid reason (called a "ground" for eviction).
• No-fault grounds include situations like the landlord selling or moving into the property.
• The main law governing eviction is the Private Housing (Tenancies) (Scotland) Act 2016.

Key Steps Landlords Must Follow

Your landlord must complete all steps in order, using the correct forms and giving you time to respond. If these steps are not followed properly, the eviction can be challenged or refused by the tribunal.

• Serve you with a Notice to Leave (official form, see below)
• Wait for the minimum notice period to end
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order

Notice to Leave: The Official Form

The Notice to Leave is the formal document your landlord must use to begin a no-fault eviction under a Scottish PRT. This is not just a letter—it is a specific form with required information.

• Form name: Notice to Leave
• When is it used? Whenever a landlord wants to end a PRT, including for no-fault grounds (e.g. selling the property, moving in themselves)
• Where to download: Official Scottish Government Notice to Leave overview and template

Example: If your landlord wants to sell, they must give you a Notice to Leave, clearly stating the reason and ground for eviction “Landlord intends to sell the let property.”

Notice Periods for No-Fault Eviction

The minimum notice landlords must give depends on how long you’ve lived in the property and the eviction ground:

• Typically, 28 days if you’ve lived there for 6 months or less
• 84 days if you’ve lived there for more than 6 months

All notice periods must be clearly stated in the Notice to Leave. Find the exact rules on the MyGov.Scot eviction notice guidance.

If You Wish to Challenge the Eviction

Tenants have the right to remain in the property until the First-tier Tribunal grants an eviction order. You do not have to leave just because you receive a Notice to Leave.

• You can challenge the eviction by responding to the tribunal case, explaining why you believe the eviction is unfair or invalid.
• The tribunal considers if the landlord followed the process correctly and if the ground for eviction is genuine.

See the tribunal’s official eviction application guidance and Rule 109 for eviction under a PRT.

Your Rights to Remain and Appeal

• You are not required to leave until the tribunal issues an eviction order.
• If you disagree with the decision, you can appeal to the Upper Tribunal for Scotland.
• Illegal eviction is a criminal offence. Contact your local council immediately if threatened.

If you’re unsure about the process or your rights, free advice is available from local councils and official tenant advice lines. Always keep records of any communications with your landlord.

What Happens After the Tribunal’s Decision?

If the tribunal grants an eviction order, it will specify when you must leave. If you still don’t leave, your landlord will need to ask sheriff officers (court-appointed officials) to remove you. Sheriff officers must act lawfully and should provide notice before attending.

FAQ: No-Fault Eviction Rights in Scotland

1. Can my landlord evict me without a reason?
   No. Landlords must use one of the official eviction grounds listed in Scottish law, such as selling the property or moving in themselves. There is no "no reason" or "no explanation" eviction allowed.
2. What should I do if I get a Notice to Leave?
   Check that the form is completed properly. Stay in the property until the required notice period ends, and seek advice if you think the notice is invalid.
3. How do I challenge a no-fault eviction?
   You can present your case at the First-tier Tribunal. Explain if the landlord’s reason is not genuine or if they have not followed the right process. Look at the tribunal’s official site for steps to take.
4. What is the minimum notice for a no-fault eviction?
   Generally, 28 days if your tenancy is under 6 months, or 84 days for longer tenancies. Always check your notice for the correct period.
5. Is illegal eviction a crime?
   Yes. If a landlord tries to force you out without a tribunal eviction order, it is a criminal offence. Contact your council or the police if this happens.

Conclusion: Key Points to Remember

• Landlords in Scotland cannot evict tenants without following strict legal steps and giving the correct notice period.
• The First-tier Tribunal handles all eviction cases and will only grant an order where the law allows.
• Always check that official forms, especially the Notice to Leave, have been completed accurately and fairly.

If you receive any eviction notice, seek advice early—support is available to help you stay informed and protected.

Need Help? Resources for Renters

• MyGov.Scot: Eviction Information for Private Tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Police Scotland – Report Illegal Eviction
• Shelter Scotland Helpline and Advice
• Your local council: Tenant advice and homelessness services

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Eviction guidance for private tenants (MyGov.Scot)
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Official Notice to Leave form and guidance

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