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What to do if you’re at risk of being evicted

Lucy Graudus
Written by Lucy Graudus

Are you at risk of being evicted from your home? In most cases it’s not enough for a landlord to verbally ask you to leave or even send you a letter saying you must move out by a certain date. Depending on the type of tenancy you have, there’s a set legal process they need to follow to get you out of their property. Here’s the steps you should take if you think you’re at risk of being evicted from your home:

Get Advice

Don’t wait, find someone who can help you. If you’ve been evicted already, give us a call on our helpline. You can also take a look at our web advice on evictions. You can also drop into one of our hubs across Scotland for face-to-face advice.

Check What Type of Tenancy You Have

Firstly, find out what kind of tenancy you have; our tenancy checking tool might be helpful if you can’t find your paperwork. The kind of tenancy you have will determine the process the landlord has to use to legally evict you, and whether you have the right to defend it.

Check the Correct Eviction Procedure is Being Followed

In nearly all cases, an eviction order is needed. In almost all cases, you’ll be notified when your landlord is applying to the First Tier Tribunal for Scotland (Housing and Property Chamber). The tribunal will also take into consideration the reason your landlord is applying for the eviction before granting an order.

Your landlord is forcing you to leave

Remember, you don’t need to leave your property until you landlord has got an eviction order. If your landlord does try to force you to leave without following the correct procedure, then this is an illegal eviction and is a criminal offence.

If you’d like to talk to us about your situation, please get in touch with us.