Introduction
Recovering possession of a rental property in Scotland is rarely as straightforward as serving notice and asking a tenant to leave. Navigating the Scottish eviction process can be difficult, but Innes Johnston Solicitors are here to help!
While landlords may have legitimate grounds to seek eviction, the legal process is governed by detailed legislation, strict procedural requirements and emerging caselaw from the Housing and Property Chamber.
Whether the issue is rent arrears, antisocial behaviour or another breach of the tenancy agreement, or simply the landlord wishing to sell, landlords must ensure that the correct legal process is followed from the very outset. Failure to do so can lead to unnecessary delay in an already lengthy process, additional expense and, in some cases, the need to begin the whole process again from the start.
This article provides an overview of the Scottish eviction process and explains why obtaining legal advice at an early stage can help landlords avoid costly and time-consuming mistakes.
There Is No “One Size Fits All” Approach
Every tenancy is different. The correct procedure will depend on several factors, for example:
• the type of tenancy;
• the ground for eviction;
• whether the relevant notices have been served correctly;
• where there are rent arrears, whether pre-action protocol has been correctly followed;
• the applicable notice periods;
A seemingly minor procedural error can have significant consequences. Serving the wrong notice, using an outdated form, miscalculating notice periods, or simply not using the correct method of serving documents on a tenant can result in delays.
The Tribunal Process
Even where a landlord has a legitimate basis for seeking possession, a tenant cannot be forced to leave the property after the notice period has expired. Unless the Tenant vacates the property on their own accord at the end of the notice period, an application must be made to the First-tier Tribunal for Scotland (Housing and Property Chamber), which will consider whether the statutory requirements have been met before granting an eviction order. The Tribunal will also examine whether it is reasonable to grant the order. The Tenant may defend the application and instruct their own representation and, in some circumstances, Landlords can be fined if they have no complied with their obligations.
Proper preparation of the application and supporting evidence is therefore key to giving landlords the best chance of success.
The Law Continues to Evolve
Legislation introduced in response to economic pressures has altered notice periods, grounds for eviction and the Tribunal’s powers in recent years. Further reforms to Scotland’s rented sector continue to be discussed, meaning landlords must remain alert to ongoing changes.
Relying on outdated online guidance or previous experience can be risky. A process that was compliant several years ago may no longer satisfy the current legal requirements.
Why Instruct a Solicitor?
Seeking legal advice at an early stage can save both time and expense.
Our team of solicitors can:
• provide advice on tenancy agreements and whether a valid ground for eviction exists;
• ensure the correct notices are served in accordance with current legislation;
• identify potential procedural issues in advance and provide advice on navigating these;
• prepare and lodge Tribunal applications; and
• represent landlords throughout the eviction process where necessary.
Obtaining advice before taking action often proves far more cost-effective than attempting to rectify mistakes later.
Innes Johnston is Here to Help
Whether you are dealing with rent arrears, breaches of tenancy conditions, or simply require advice on recovering possession of your property, obtaining specialist legal advice can help ensure that matters are dealt with efficiently.
Every case turns on its own facts but early advice can often prevent unnecessary delay and expense. Should you require, professional, straightforward and friendly advice, please contact our Olivia McGowan who would be delighted to assist. In many circumstances we are able to offer fixed fees.
– Olivia McGowan
