Scope: Scotland. Cited to Scottish instruments throughout. Possession of a private let in Scotland is decided by a tribunal. There is no county court, no accelerated possession procedure and no Form N5B, because none of those exist in this system.
Our compliance check now covers Scotland, and so does the fine calculator. Enter a Scottish postcode and both answer in Scots law, cited to Scottish instruments — the check with your council’s registration and HMO position where we hold it, the calculator with the Scottish maximum for each offence and, where the consequence is not a fine, what it actually is. Still England and Wales only: the tenancy agreement checker, whose findings come from England and Wales statutes.
Where the jurisdiction sits
On 1 December 2016, jurisdiction over private rented housing cases transferred from the sheriff court to the First-tier Tribunal for Scotland (Housing and Property Chamber), under the Tribunals (Scotland) Act 2014 and the transfer regulations made under it.
The Chamber hears, among other things:
- applications for eviction orders under section 51 of the Private Housing (Tenancies) (Scotland) Act 2016;
- applications about the Repairing Standard under the Housing (Scotland) Act 2006;
- civil proceedings between landlord and tenant, including rent arrears and deposit disputes;
- applications about rent increases.
The same body therefore decides whether you can evict and whether your property meets the statutory standard, which is worth remembering before bringing an application while a repairing complaint is outstanding.
What an application needs
- A valid Notice to Leave, served with the right period, naming the grounds you intend to rely on.
- The application made on or after the day stated in that notice.
- Evidence going to the ground — a rent statement, a marketing agreement, correspondence.
- Evidence going to reasonableness, which is now required in every case.
- Notice to the local authority. A landlord applying for an eviction order must notify the local authority, so the council knows a household may need rehousing.
Reasonableness is the whole hearing now
Since the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made every Schedule 3 ground discretionary, the Tribunal must ask two questions rather than one:
- Is the ground established on the evidence?
- Is it reasonable to issue an eviction order?
The second question is not a formality and it is where prepared applications are won and unprepared ones lost. The Tribunal will look at the conduct of both parties, the tenant’s circumstances, the effect on each side, and — on arrears — whether any delay or failure in the payment of a relevant benefit contributed.
A landlord who has never engaged with a tenant about arrears, or who cannot evidence the intention they assert, is asking the Tribunal to find eviction reasonable on the strength of an assertion.
How it runs
The Chamber is designed to be accessible without a solicitor. Applications are made on the Chamber’s own forms with the supporting documents attached, and an application that arrives incomplete is returned rather than heard. Cases may be decided at a hearing or, where appropriate, on the papers, and the Tribunal can convene case management discussions to narrow the issues first.
The order, and enforcing it
If the Tribunal grants an eviction order it specifies when it takes effect. The order is not self-executing. If the tenant does not leave, enforcement is carried out by sheriff officers acting on the order — the landlord must not remove the tenant themselves.
Doing so is not merely ineffective; unlawful eviction and harassment are offences in Scotland under the Rent (Scotland) Act 1984, and damages can follow.
Appeals
An appeal from the First-tier Tribunal goes to the Upper Tribunal for Scotland, on a point of law and with permission. Disagreeing with the Tribunal’s assessment of reasonableness is not usually a point of law, which is another argument for getting the evidence right the first time.
Information tool, not legal advice. Scottish law only.
Common questions
Do Scottish evictions go to court?
No. Since 1 December 2016 private rented housing cases in Scotland are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber), not the sheriff court. There is no accelerated possession procedure in Scotland because there is no court track to accelerate.
What does the Tribunal consider in an eviction application?
Two things. Whether the ground in Schedule 3 is established on the evidence, and whether it is reasonable to issue an eviction order. The second question applies in every case since the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made all eighteen grounds discretionary, and it is where most unprepared applications fail.
Can I evict a tenant myself once I have an order?
No. An eviction order is not self-executing. If the tenant does not leave, enforcement is carried out by sheriff officers acting on the order. Removing a tenant yourself is unlawful eviction, which is an offence under the Rent (Scotland) Act 1984 and can also sound in damages.
Do I have to tell the council I am applying to evict?
Yes. A landlord applying to the Tribunal for an eviction order must notify the local authority, so the council is aware that a household may need rehousing. It is a procedural requirement, not a courtesy.
Can I appeal a Tribunal decision?
An appeal lies to the Upper Tribunal for Scotland, on a point of law and with permission. Disagreeing with how the First-tier Tribunal weighed reasonableness is not usually a point of law, which is a strong argument for putting the evidence in properly at first instance.