How do I evict a Tenant in Scotland if I have a private residential tenancy in place?

To evict a tenant in Scotland you, as a landlord, must follow a specific legal process. If you don’t follow the correct steps, you may leave yourself open to legal action.

There are 17 grounds for eviction in Scotland. Among the most common are:

• You wish to live in the property
• The tenant has broken a term of the tenancy agreement
• The tenant has rental arrears over three consecutive months

First steps in evicting a tenant - Notice to Leave

The first step is to serve a Notice to Leave. This comes with a notice period. If the tenant has resided in the property for 6 months or less, then the required notice period is 28 days. IF they have lived there for longer than six months then the notice period is either 28 days or 84 days depending on which ground is applicable in your case.  You must also notify the local council of the forthcoming eviction in the form of a Section 11 Notice.  It the tenant has rental arrears and you wish to rely on this as a ground of eviction, you must also have followed the pre-action protocol.

If the tenant hasn’t left by the end of the notice period, you must then seek an Eviction Order. You must apply to the First-tier tribunal - Housing and Property Chamber.

The tribunal will then consider your application. If it is accepted then you will be notified and a date set for a Case Management Hearing. The tenant will also be notified.

At the Case Management Hearing, the tribunal will assess what facts are in dispute and what further procedure may be required, if any.

You must show the tribunal proof that you have served the Notice to Leave, a copy of the homelessness notice, a copy of the rental agreement and any evidence to support the ground upon which you are seeking to recover the property.

Even if an eviction is granted, you cannot remove the tenant there and then. After the period permitted for appeal, an Order for Eviction will be issued which can then be enforced by Sheriff Officers if necessary.

All the usual landlord-tenant obligations will still apply until an eviction order is granted or the tenant leaves.

How long does it take to evict a tenant in Scotland?

It can take around one month for the tribunal to consider the application and set a date for a hearing. That hearing normally takes place 8-12 weeks after that date, although this can be longer.

Once the tribunal makes an order, the tenant has 30 days to appeal. If they decide not to, then it is a further 15 days before you can evict them.

this is a general overview and other factors can interrupt this timeline. To find out exactly how to evict a tenant in Scotland, contact Kee Solicitors today.

Landlord Legal Advice Scotland

If you are a landlord with a tenant who isn’t repaying their rent or has run into arrears, contact us today. .