Private landlords must follow a series of procedures to evict you, and failure to do so can result in an illegal eviction. The procedures depend on your tenancy agreement and the terms specified in it.
It is important you are aware of your rights, as the procedures for private or public sector tenants are different. Visit the Citizens Advice website for more information.
What are the procedures for eviction?
Possession action usually starts with a notice of proceedings and then a court summons. Your landlord will ask for an eviction order at the Sheriff Court, where your case is heard and the Sheriff makes a decision. See Shelter's website for more information about court summons and legal action.
See more from Shelter:
Why is my landlord seeking possession action?
One of the most common causes for possession action is rent arrears. Harassment, disrepair and antisocial behaviour are other common factors for eviction.
How can I seek possession action if I am the landlord?
If your tenants break the tenancy agreement, or withhold rent, you may be able to start possession action to have them removed from the property.
However, you have rights and responsibilities as a landlord that must be considered before possession action can take place.
Who can help?
The Armed Services Advice Project (ASAP)
ASAP provides free independent, confidential and impartial advice and information to the Armed Forces community on a range of issues including housing. Contact:
Veterans' Gateway - Access to Housing Advice
The Veterans' Housing Advice service, initially provided by the Cobseo group of charities, and delivered by The Royal British Legion, Connect Assist and Shelter, has now been merged into Veterans' Gateway.
The team aim to support veterans in finding, securing or maintaining accommodation by utilising the skills and resources of the Cobseo Housing Cluster, local authority contacts and other housing providers. Information can be accessed by telephone, email, live chat, social media, and on the website by visiting Veterans' Gateway/Self Help/Housing.