What to do if you are facing eviction

Facing the threat of evictions in Scotland from your landlord is a stressful and anxiety-riddled experience. People can end up in this situation without having done anything wrong, so you have every right to feel that it is unfair. In Scotland, there are significant rules and protections in place for tenants facing eviction, and it’s important to understand these so that you can ensure what your landlord is doing is legal. As always, if you have questions then do speak to us at the East Dunbartonshire Citizens Advice Bureau and we can offer specific advice. This is an area in which Citizens Advice has plenty of experience in helping those facing eviction. Here is a breakdown of some of the things you should know if this is happening to you.

Can my landlord evict me?

In short – yes, but only under certain legally described conditions. So for example, you cannot be evicted on a whim, or over an argument. In Scotland, evictions are legal but your landlord has to follow proper legal processes. This could be a private landlord, a council or a housing association – all must follow the same rules. This means your landlord cannot simply appear at your door and tell you to leave. The must follow a legal process and obtain an eviction order and can only ask you to leave for specific reasons. These include if the landlord wishes to sell the property; if you have rent arrears or if there has been antisocial behaviour reported. For a full list of reasons your landlord can evict you, visit the Shelter Scotland website.

If your landlord attempts to evict you without following proper procedure, contact us for more advice as what they are doing may be illegal.

First steps

If you are being threatened with eviction, try to stay calm. Begin by documenting everything, including any contact you have with your landlord. This can include texts, emails, phone calls and face-to-face talks. If you can, screenshot or take photographs of any messages and save them somewhere you can access even if you lose your phone. They may be required if you seek legal assistance in this matter.

Also check the terms of your tenancy. This is what you would have signed before you moved in. It sets out your rights and responsibilities. Most tenants in Scotland will have a Private Residential Tenancy (PRT), but if you are unsure or can’t find your tenancy, give us a call and we can help advise.

Why are you being evicted?

Non-payment of rent is a reason a landlord can legally evict you. However, by talking to your landlord you may be able to set up a repayment plan. This can be a temporary fix whilst you organise your finances, and it shows your landlord that you are willing to pay the rent.

Try to find out as soon as possible why your landlord wishes to evict you. Is there a way you can talk the problem through with them? Perhaps it is a problem you didn’t know about, or one you can solve. As always, keep a record of any meetings you have.

Legal aid

It’s always worth seeking legal advice when faced with eviction, and we strongly encourage those in East Dunbartonshire to contact us for help. You may be eligible for legal aid, which means a solicitor can take up your case at a significantly reduced cost. Again, we can help guide you on this.

Preparing to move

If you have exhausted all options and eviction is imminent, it’s important to take steps to secure somewhere else to stay. You can speak to the homelessness team at East Dunbartonshire Council to see if they can help with your accommodation search. We have tips on preventing homelessness, but be sure to act quickly as the longer you have to find somewhere, the better your chances of getting a place to stay before you are evicted.

Seek advice from us as soon as you can if you are facing evictions in Scotland. You can contact us via our online form, or call us on 0141 775 3220 for free impartial, professional advice.