Eviction Lawyers Glasgow

Eviction solicitors in Glasgow

In Scotland, a landlord cannot simply ask a tenant to leave and change the locks. For most private tenancies, the landlord must serve a valid notice to leave based on a legal ground for eviction and, if the tenant stays, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. Only sheriff officers can then carry out the eviction.

Our eviction solicitors act for private landlords and letting agents across Scotland, from serving notices to advice and representation at the tribunal. We also advise tenants who have received a notice to leave or a notice to quit about their legal rights. Scots law on evictions is very different from the law in England, so it is important to get Scottish legal advice from a solicitor who deals with these cases regularly.

Eviction help for landlords and tenants

Grounds for eviction in Scotland

Under the Private Housing (Tenancies) (Scotland) Act 2016, there are 18 grounds for evicting a tenant from a private residential tenancy. The most common include:

• the landlord intends to sell the property
• the landlord or a family member intends to live in the property
• the landlord intends to refurbish the property
• the tenant has been in rent arrears for three or more consecutive months
• the tenant has breached the tenancy agreement
• the tenant has engaged in antisocial or criminal behaviour
• the tenant is no longer occupying the property

Since 2022, all of these grounds are discretionary. Even if the ground is proved, the tribunal will only grant an eviction order if it is reasonable to do so, taking into account the circumstances of both landlord and tenant. Read more about eviction grounds in Scotland.

Notice to leave and notice to quit

For a private residential tenancy, the landlord must serve a notice to leave in the form prescribed by the Scottish Government. The notice period is 28 days if the tenant has lived in the property for six months or less, or if the only grounds relate to the tenant, such as rent arrears, breach of tenancy or antisocial behaviour. In most other cases it is 84 days. Extra time should be allowed for delivery.

Older tenancies that began before 1 December 2017, such as assured and short assured tenancies, follow different rules and usually need a notice to quit, often with other notices. Lodgers and people living with a resident landlord are not covered by the same rules and are entitled to reasonable notice. An incorrect notice is one of the most common reasons eviction applications fail, so it is worth getting it checked before it is served.

Evicting a tenant for rent arrears

Before applying for eviction on the ground of rent arrears, a landlord must follow the pre action requirements. These include giving the tenant clear information about the rent and the arrears, signposting them to help and advice, and making reasonable efforts to agree a payment plan. The tribunal will consider whether these steps were taken, and missing a step or a deadline can mean starting again.

The tribunal can also make an order for payment of the arrears, which a landlord can apply for alongside the eviction application.

The eviction process, step by step

How long does an eviction take in Scotland?

It depends on the notice period, how busy the tribunal is and whether the tenant defends the application. An undefended case can take a few months from serving the notice to obtaining the order. A defended case can take longer. Read our guide on how long it takes to evict a tenant.

Unlawful eviction and wrongful termination

A landlord who forces a tenant out without an eviction order, for example by changing the locks or cutting off the utilities, commits a criminal offence and can be ordered to pay damages. Lock changes and harassment to make a tenant leave are both forms of illegal eviction, and a tenant can ask the sheriff court for an interdict to stop them.

If a tenant is misled into leaving, the tribunal can make a wrongful termination order. For tenancies ending on or after 6 October 2026, the award can be up to 36 months of rent under the Housing (Scotland) Act 2025.

Tenants of councils and housing associations have Scottish secure tenancies, and evictions from social housing go to the sheriff court instead of the tribunal. Tenants looking for free advice can also contact Shelter Scotland or a local advice service.

Why choose Simplicity Legal for your eviction?

• We act for landlords, letting agents and tenants, so we understand both sides
• Notices checked and served correctly the first time
• Representation at the tribunal from start to finish
• Plain English advice and clear costs
• Regulated by the Law Society of Scotland

Contact our eviction lawyers in Glasgow

Whether you need to recover possession of your property or you are facing eviction, early advice can save time and stress. Call 0141 433 2626 or request a callback, and one of our property dispute solicitors will be in touch. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Read more about landlord and tenant disputes, tenancy deposit claims and our wider property dispute services.

Your eviction questions answered