Evicting Tenants in Scotland
Eviction law in Scotland is very complex indeed. Our specialist property solicitors will guide you through this dense area of property law. Our services are unique in Scotland. As explained in our video above, our services are based on fixed fees and are managed by specialist practitioners in this area. We represent both landlords and tenants in tenancy disputes.
Evicting a Tenant in Glasgow, Edinburgh
If you have a problematic tenant, you may be haemorrhaging cash. We offer a guaranteed eviction service designed to stop you losing money. We can advise landlords on all aspects of tenancy law in Scotland including their duty to repair the property and how to deal with tenant issues such as rent arrears or antisocial behaviour.
Lawyer for Evicting Tenants Glasgow, Edinburgh, Scotland
Our lawyers specialise in evicting tenants in Scotland and we advise on:
- Notices to Quit
- Notices of proceedings
- Notices of irritancy
- Court eviction
- Sheriff Officer removal
- Rental Debt Recovery
We specialise in Notices to Quit and Court Action. We will advise you on all aspects of the property litigation and represent you in court if necessary.
Contact us for a FREE Eviction Law Consultation
For a FREE consultation with our housing law solicitors based in Glasgow, Scotland, call us today on 0141 433 2626 or complete our online enquiry form and let us help you. We assist clients in many areas of Scotland including Glasgow, Paisley, Ayr, Fife, Dumbarton, Shawlands, Crossmyloof, Giffnock, Clarkston and Newton Mearns.
How do I evict a tenant in Scotland?
Eviction of any tenant in Scotland must absolutely be dealt with very carefully indeed. To bring the tenancy to an end, the landlord must serve a legal notice to quit and an AT6 document (notice of proceedings). In almost all tenancy eviction cases, the terms of any notice to quit and AT6 differ. In order to actually evict your tenant, these legal notices must be absolutely perfect. If they are not, your action will fail. Our lawyers are specially trained to ensure your legal notices are always correct, every time.
Do I need a lawyer to evict a tenant?
We have acted for many clients who have dealt with not only these legal notices, but have also started the court eviction process, and realised very quickly that they have got it wrong. The cost implications of getting it wrong can be huge. The legislation in this matter is a minefield. Therefore, in every case, we always recommend our clients instruct us to make sure that their legal notices and any court action they have to take is legally spot on, and that they will manage to get their tenant evicted.
How do I recover rent that is due to me?
Recovering rent is something we are asked about frequently. Landlords who are not getting their rental income paid are haemorrhaging money on a monthly basis. Having the correct information about your tenants at the outset of the tenancy, to include their bank details and employment details, together with the appointment of a guarantor, always helps the recovery process of rent money due. Our team are specifically trained to assist in recovering these types of debt.
How much will eviction cost me as landlord?
All of our first consultations at Complete Clarity Solicitors are free of charge. At this meeting, we ascertain the full background of your case and, therefore, will provide you with a clear idea of our fees; most of which, in the eviction process, are very competitive and based on fixed fees. We are always more than happy to provide quotes to anyone seeking advice on this process, and would invite anyone seeking advice to make use of our service by phoning and booking a free consultation.
No eviction is straightforward and each one will have its own particular requirements. We’ll listen to your instructions and advise you on the best way to proceed.
How long does it take to evict a tenant in Scotland?
There is no one right answer to this question. A lot depends on how and why you are evicting your tenant and whether or not the eviction is defended.
If you are evicting your tenant because of a breach of the tenancy agreement, you must serve a Form AT6 - A Notice of Intention to Raise Proceedings. In this, you must lay out the grounds on which you seek to evict the tenant (i.e. the reason(s) for the eviction). Depending on the grounds, you can raise an action between 2 weeks to 2 months later. If you are evicting the tenant because of rent arrears, the period is two weeks.
If the eviction is as a result of a compulsory repossession, then you must serve your tenant with a ‘Notice to Quit’ and a Section 33(1)(d) Notice. The latter is a notice that you require repossession of the house.
Once the above notices have been served, the Sheriff court will (in most cases) grant a hearing within 6-8 weeks, although this depends on a wide array of factors, and may well be longer.
At the hearing, the court may decide to grant your eviction order. If this is the case, then you must wait a further 28 days to have the order enforced, subject to granting your tenant 14 days’ notice once the order is received. As such, it can take from 4-6 weeks to evict a tenant, should everything proceed smoothly.
In some cases, if the need to evict the tenant is particularly pressing, you may be able to ask the Sheriff to dispense with the 14 days’ notice period, or curtail it. Such an infringement of your tenant’s rights is clearly a matter for the Sheriff and his discretion – it will only be granted in cases where there is a compelling reason to do so.
If your tenant defends the action, there will be a delay while a court hearing is arranged, at which both parties are entitled to lead evidence to substantiate their position. If this is the case, there may be significant delay.
For what reasons can I evict a tenant?
Clearly, you cannot evict a tenant without good reason. Housing law protects persons from being evicted unless the landlord has good reason to do so.
The most common grounds for evicting a tenant in Scotland are:
You wish to use the property as your own home (or the home of their spouse or civil partner), or the property was previously your own home. This requires two months’ notice and you cannot use it to evict a tenant in order to sell the property on – you are required to move back in first. Before this ground can be used, it must be included in either the initial tenancy agreement or otherwise notified to the tenant in writing before the tenancy began.
You wish to use the equity in the property to repay debt owed on the property (otherwise known as ‘mortgage default’.) This requires two months’ notice and again, this ought to have been included in the initial written agreement.
You are letting a holiday home. If the property is normally used as a holiday home (and let for that purpose), the landlord can evict a tenant provided that the property was let as a holiday home the year before the tenancy began and the tenant had lived there for less than 8 months at the time the notice was served.
You are letting what is normally student accommodation. If the property is ordinarily let to students during term time, a landlord can evict a tenant if the property was let to students in the year before and the tenant has been in place for less than a year at the time notice is served.
You wish to redevelop the property. If you wish to do major work to the property you may evict your tenant, provided the work cannot be carried out while they are living there. You may have to provide reasonable moving expenses to the tenant.
A new tenant has inherited the tenancy under a will. Unless the tenancy was inherited from a spouse or civil partner, you can use this to evict a tenant. The notice of proceedings must be served within a year of death (or within a year of the death coming to your attention).
Three months’ rent arrears. If you are owed 3 months’ rent, the sheriff will automatically grant an order for eviction, unless the reason for the rent arrears is a delay in housing benefit. At the time of going to court, there must still be 3 months’ rent owed. If the tenant has reduced the arrears, the sheriff is not obliged to make an automatic order.
Other grounds for eviction.
The following grounds are ‘discretionary’ – this means it is up to the sheriff to decide whether or not eviction is justified based on the circumstances.
Suitable alternative accommodation available to tenant – this is used when a landlord wishes to evict the tenants from their present property into a suitable alternative property.
The tenant served a notice to quit – but didn’t leave. If your tenant has served you a notice to quit but has remained in the property, you can begin proceedings within 6 months of the date of termination.
Persistent delay in paying rent – If the tenant is persistently late with their rent, the landlord can ask for them to be evicted. There need not be any rent owed at the time the case calls, but the sheriff will take the balance into account.
A balance of unpaid rent – if the tenant is behind on their rent, you can raise proceedings. There must be a balance owed when the case calls at court.
A breach of a condition of the tenancy – a significant breach of the conditions of the tenancy may be sufficient grounds for eviction.
Deterioration of the house, furniture or common parts of the property – this includes not only damage caused, but failure to report damage which gets worse over time.
Nuisance or annoyance – This includes antisocial behaviour and use of the property for illegal purposes (such as growing drugs)
The tenant is a former employee – If the property was attached to the job in some way, the landlord can seek to have the tenant removed.
Contact us for a FREE Eviction Law Consultation
This is a privately funded fixed fee specialist legal service.
Complete Clarity – Eviction/Notice to Quit Solicitors in Glasgow & Edinburgh
Complete Clarity Solicitors are based in Glasgow, however with our unique teleconferencing facilities, you don’t even need to visit our office for legal advice. For a FREE consultation with our housing law solicitors based in Glasgow, Scotland, call us today on 0141 433 2626 or complete our online enquiry form and let us help you.