Being served with an eviction notice can be a frightening and stressful experience. Find out what to expect and discover your legal options through this extensive guide.
What are grounds for eviction in Scotland?
‘Grounds’ are the reason why your landlord wants to evict you. There are 18 grounds for possession that a landlord can use to apply for an eviction order and each ground has a different notice period:
● Landlord intends to sell
● Property to be sold by lender
● Landlord intends to refurbish
● Landlord intends to live in the property
● Family member intends to live in the property
● Landlord intends to use for non-residential purposes
● Property required for religious purposes
● You’re no longer an employee
● No longer in need of supported accommodation
● Not occupying let property
● Breach of tenancy agreement
● Rent arrears
● Criminal behaviour
● Antisocial behaviour
● Association with person who has relevant conviction or engaged in relevant antisocial behaviour
● Landlord has ceased to be registered
● HMO licence has been revoked
● Overcrowding statutory notice
If you’ve been living in a property for less than 6 months, you’ll usually get a 28 day notice period (4 weeks). If you’ve been living there for more than 6 months, the notice period will typically be 84 days (12 weeks).
If you do not leave by the end of the notice period, your landlord can apply to the First-tier Tribunal for an eviction order. The tribunal looks at the evidence and decides whether or not to grant the eviction.
What are my options if I’m served with an eviction notice?
If your landlord has asked you to move out of the property you are staying at, it’s important to act quickly. You should seek advice immediately and check your rights as soon as your landlord asks you to leave. It’s worth remembering that if you want to stay in your home, you might be able to negotiate with your landlord or challenge your eviction. However if you move out, you might be seen as abandoning your tenancy and could therefore lose the chance to challenge the eviction.
These are the next steps you should take to challenge your eviction:
Check your landlord has followed the correct legal procedure
Landlords must follow a legal process to evict tenants, which largely depends on the type of tenancy you have. This might include:
● giving you the right length of notice according to the law
● applying to the sheriff court or the First-tier Tribunal for Scotland for an eviction order and informing you they're doing this
● attending a court or tribunal hearing to ask for an eviction order
The landlord might also need a valid reason to evict you, like if you've broken your tenancy agreement. Again, this is likely to depend on the type of tenancy you have.
You might be able to challenge your eviction if they didn't follow the legal process or you can argue against their reasons for evicting you.
Check your tenancy type
The type of tenancy you have will affect:
● the process the landlord has to use legally to evict you
● whether or not you can challenge your eviction
● what arguments you might have under housing law to challenge you eviction
● whether you challenge your eviction in the sheriff court or First-tier Tribunal
You can find out your tenancy type by checking your tenancy agreement. If you rent from a council or housing association (public sector landlords), you will normally have a Scottish Secure tenancy or sometimes a Short Scottish Secure tenancy. If you rent from an individual or through a letting agent, you're a private tenant.
Negotiate with your landlord
You could try to negotiate with your landlord to stop the eviction. You might be able to reach an agreement with them and prevent matters from escalating further.
What action you can take will depend on why you're being evicted. For example, if you're being evicted because:
● you're in rent arrears - you could try to agree to repay what you owe
● visitors are antisocial - you could agree not to have them visit you
● you've damaged the property beyond normal wear and tear - you could agree to pay for repairs
If you don’t live up to what you’ve agreed, your landlord could start the eviction process again.
If you make an agreement, you can stop the legal process - this is called settling. The court or tribunal might encourage you to try to settle through mediation.
If your landlord agrees to stop the eviction, get it in writing in a letter or email - you’ll then have a record if they change their minds.
You could also write a letter to your landlord asking them to stop the eviction process. Say you’re willing to challenge the eviction in court if they continue with it.
Be prepared to challenge your eviction
If negotiation doesn’t work or is not a viable option, you can decide to challenge your eviction in the court or tribunal.
For example, you might be able to argue that:
● the landlord hasn't used the correct eviction process for your tenancy type
● the reasons (grounds) the landlord is using to evict you aren't valid
● the eviction isn't reasonable (the landlord could have taken another action than evicting you)
● you're being discriminated against under the Equality Act 2010 because you're disabled or have another protected characteristic
If you're a Scottish Secure tenant or Short Scottish Secure tenant, the council or housing association needs to get an eviction order from the sheriff court. You'll get a notice of proceedings, then a summons from the sheriff court. If you're a private tenant, the landlord needs to get a possession order from the First-tier Tribunal for Scotland. You'll then get a notice from the First-tier Tribunal.
Seek legal advice
Seeking advice from experts is crucial if you want to appeal against your eviction notice. If you've got a date to appear in court or tribunal, you’ll need to find legal representation to help you fight your eviction. While you can represent yourself, you’ll prosper better if you have an experienced solicitor who can help you fight your case.
You’ll also need legal advice if the landlord already has an eviction order from the court or tribunal.
What is the eviction ban?
There is a limited ban on the enforcement of evictions in Scotland. This means sheriff officers cannot enforce certain eviction orders until at least 1st April 2023. However, landlords may still issue a valid eviction notice to a tenant on any applicable ground and obtain an order from the Sheriff Court or First-tier Tribunal during this period.
When the restrictions apply to an eviction order, it cannot be enforced for 6 months starting from when it was granted or, if sooner, until the restrictions end.
The ban applies to clients who rent from:
● a private landlord or letting agency
● the council or a housing association
● college or university halls or purpose built student accommodation
However, this is not a ban on your landlord taking legal action against you. While the ban is in place, your landlord can still:
● send you a valid eviction notice
● get an eviction order from a court or tribunal
It’s always worth remembering your landlord cannot just turn up at your door and ask you to leave the property - if they do ask you to leave without following the proper legal process then it may be an illegal eviction and you should seek legal help immediately.
If you have been served an eviction notice, solicitors at DJP would be pleased to help. With our wealth of experience, we offer expert legal advice from beginning to end, prioritising clarity and thoroughness. Not only do our specialist solicitors have a great understanding of the complex Scottish eviction laws but they’ve also handled a broad range of types of legal disputes between all manners of people. Eviction can be a really stressful process to go through, for all parties concerned, which is why it must be handled swiftly but with care. Look no further than Aberdeen’s DJP solicitors to ensure that you get the best outcome for your case! Contact us today to find out how we can assist you with your case.
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