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, the Council may find you intentionally homeless and will not provide you with a full homeless service.

For advice on ending your tenancy - Shelter Scotland has advice about ending tenancies and eviction before the tenancy ends.

Notice and eviction documents

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.

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 First Tier Tribunal for Scotland.

 

Challenging an Eviction

If you believe that your landlord has given you incorrect paperwork you can challenge the eviction.

If you believe the grounds for your eviction are wrong, you can challenge this. For example, you are being evicted for anti-social behaviour, but you have committed none or you believe your landlord is not intending to sell the property once you leave.

You can challenge your landlord at the First Tier Tribunal for Scotland and can be assisted in doing so by contacting:

Harassment and illegal eviction

Police Scotland take harassment and illegal eviction seriously and will take action if there is evidence of this.