Eviction Cases during Covid-19

If you rent your home, it is important to remember that your landlord cannot simply end your tenancy or tell you to leave without notice. In normal circumstances, the law protects your rights as a tenant and, to evict you legally, your landlord must:-

  • Give you proper legal notice informing you that they are applying to the court to evict you, and
  • Get an order from the Sheriff Court or First Tier Tribunal of Scotland.

Of course, the world has been propelled into turmoil by the current pandemic and there are extra factors you should be aware of in these circumstances. If you rent your home and are worried about being evicted by your landlord for any reason, it is important to know that all eviction cases have been sisted or ‘paused’ due to the Covid-19 pandemic.
If you already have a case in court, this will not go away altogether but there will be a delay in proceedings and nothing will happen at the moment. If you are an existing client of ours, we have written to you already. We will contact you again when we have more information about your case but please get in touch with your solicitor if you have any questions or concerns.
If you are not one of our clients but you have fallen behind in your rental payments, or have other problems in your tenancy, please get in touch with us to see if we can help you.
If your landlord is the council or a housing association, your case will be dealt with in the local Sheriff Court.

If your landlord is the council or a housing association, your case will be dealt with in the local Sheriff Court. However, cases in the Sheriff Court have been paused until further notice. It is likely that these cases will restart in the next few months although we are not sure exactly when. Please contact us for more information.
If you have a private landlord (usually an individual or a business) then your case will be dealt with by the First Tier Tribunal (Housing and Property Chamber) in Scotland. All tribunal cases have been paused until 9 July so no action will be taken against you before then. Again, get in touch if you need help or advice.
If you are a private tenant, there is a new emergency law stating that private landlords must give you at least 6 months’ notice before ending a tenancy or 3 months’ notice if you are being evicted due to antisocial or criminal behaviour.
Fife Law Centre is funded to provide legal advice and support to people in the Fife area who are facing difficulties with their tenancies. If you are in this situation, our solicitors will be pleased to speak to you so please get in touch. This service is free.
Although we are working from home at the moment, we are still open for business and available to help you. You can contact us by phone, email, Facebook or on our website.
This article gives an overview of the situation in April 2020. It is not an authoritative statement and interpretation of the law. Advice given by our solicitors is provided to individuals based on their particular circumstances and is provided under Law Society of Scotland rules and regulations. If you have any questions or would like further information please contact us on 01592 786710 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.

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