Advice for private tenants
Ending a tenancy
You should never end your tenancy if you have nowhere to go after you leave. If you voluntarily end your tenancy and it was reasonable for you to remain there, we may find you intentionally homeless and will not provide you with a full homeless service.
Shelter Scotland has advice about ending tenancies.
Being evicted
If you receive a Notice to Quit or Leave from your landlord and think you may have nowhere to stay after you leave, please contact the Highland Council Homeless Team as soon as possible.
You do not need to leave your home after the Notice period has ended. A landlord cannot force you out of your home or change the locks without an Eviction Order given by the Property and Housing Chamber (also known as the First Tier Tribunal for Scotland). This applies to all evictions regardless of the grounds and tenancy types.
We advise all tenants to remain in their property until an Eviction Order is secured by their landlord.
Under the Cost of Living (Tenant Protection) (Scotland) Act 2022, you have more protections against eviction.
More Information about eviciton restrictions.
Eviction documents
If you have a Private Residential Tenancy, your landlord must issue you the correct Notice to Leave. The notice period is set by law and depends on what Ground is being used to evict you.
If you have a Short-Assured Tenancy, your landlord must issue you the correct Notice to Quit and Section 33 Notice. The notice period must be a minimum of two months. It may be longer if stated in your tenancy agreement.
If you have an Assured Tenancy, your landlord must issue you the correct Notice to Quit and Notice of Proceedings (AT6). The notice period is set by law and depends on what Ground is being used to evict you.
You do not need to leave your home after the Notice period has ended. A landlord cannot force you out of your home or change the locks without an Eviction Order given by the Property and Housing Chamber (also known as the First Tier Tribunal for Scotland).
We advise all tenants to remain in their property until an Eviction Order is secured by their landlord.
Challenging an eviction
If you believe that your landlord has given you incorrect paperwork, you cannot be legally evicted. You should not leave your home.
If you believe the grounds for your eviction are wrong, you should not leave your home. For example, if you are being evicted for anti-social behaviour, but you have committed none or if you believe your landlord is not intending to sell the property once you leave.
If you believe it is not reasonable for your to be evicted, you should not leave your home. For example, if you are being evicted for rent arrears but will be able to make a full repayment in the near future.
Your landlord needs to apply for an Eviction Order before they can legally remove you from your home. If you believe the landlord is wrong in evicting you, you can challenge this at the Property and Housing Chamber (also known as the First Tier Tribunal for Scotland).
They may refuse to grant an Eviction Order which means you can remain in your home.
You can receive advice from:
Harassment and illegal eviction
Police Scotland take harassment and illegal eviction seriously and will take action if there is evidence of this.