Winter Eviction Ban
From 6th September 2022 to 31st March 2023, there is a limited ban on evictions.
This is not a ban on your landlord taking legal action against you. While the ban is in place, your landlord can still:
However, they cannot make you leave your home while the ban is in place. This means your eviction could be delayed by up to six months.
If you have received an eviction notice before 6 September 2022 then the eviction ban will affect you and you should seek housing advice as soon as possible.
You can still be evicted while the ban is in place if you’ve stopped living in the property or because of:
Your landlord has to try to help you before evicting you for rent arrears. The First Tier Tribunal must also consider whether it is reasonable to evict you.
The winter eviction ban, is not a blanket ban on evictions, if your landlord requires the property to move in to or sell to avoid becoming homeless themselves or your landlord’s mortgage lender has repossessed the property then the eviction could still go ahead.
Tenants have a right to remain in their current property until an eviction order has been granted by the First Tier Tribunal. This can only happen after the NTL/NTQ period has expired.
If you are a private landlord or thinking about becoming a landlord in Scotland, there are a number of key responsibilities and things you must do before renting out your property.
Private landlords must register with their local authority to ensure that minimum legal requirements are met. Please visit the Landlord Registration website for more information.
If you are unsure, please seek legal advice on the requirements in your own particular circumstances.
More detailed information and advice can be found by visiting the Scottish Government's Private renting website.
Key Landlord Responsibilities
Private Rented Sector Strategy in Scotland
A Place to Stay, A Place to Call Home contains details of the Scottish Governments Private Rented Sector Strategy in Scotland, which sets out an agenda aimed at improving management standards and quality of service for tenants and prospective tenants.
Summary of important legislation relating to the private rented sector:
