Being asked to leave by your landlord

They must give you a formal Notice - the type of notice, and the length of time will be different depending on the type of tenancy that you have and the reason the landlord has for wanting to end the tenancy.

The 2 most common types of private tenancy are as follows:

• Private Residential Tenancy - if you live in Scotland and moved into your home after 1 December 2017 you should have a Private Residential Tenancy.
• Short Assured Tenancy -If your tenancy started before 1 December 2017 is it likely to be a Short Assured tenancy

If you are not sure what type of tenancy you have you can seek advice from Shelter Scotland, Citizens Advice Bureau or the Housing Advice Team at Pullar House.

You cannot be evicted from your home until your landlord has served the correct notice/notices and been granted an eviction order by the First Tier Tribunal Housing and Property Chamber.

Eviction

Once the dates on the notices have passed your landlord has to apply to the First Tier Tribunal Housing and Property Chamber before you can be evicted from your home. You can voluntarily leave at the end of the notice period, but your landlord cannot remove you from your home or change the locks.

Once your landlord applies to the Tribunal you will be notified of this and a meeting will be arranged (called a Case Management Discussion) where you will be able to say if you disagree with the reasons the landlord is giving for ending your tenancy.

At this meeting the tribunal staff can grant your landlord an eviction order, or they can refuse the request, or they can arrange another meeting if they feel that more information is required.

If they grant your landlord an eviction order there will be another period of 1 month where your landlord still cannot evict you - this is time when you can submit an appeal to the tribunal if you feel that something was incorrect. After the month has passed your landlord then has to apply to the Sheriff Officers for a date for your eviction. Only once this has been set can you formally be evicted from your home. Your landlord cannot do this themselves, and the Sheriff officers will give you 14 days notice before they complete an eviction.

Assistance

If you receive a Notice from your landlord or think they are going to end your tenancy you should contact the Housing Options and Support team at Pullar House on 01738 476000 to discuss your options.