How long does an eviction action actually take in Scotland?
The answer to this is much along the same lines as “how long is a piece of string?”…
Unfortunately, a court action for eviction is not a swift process! If your action goes smoothly and isn’t defended by your tenant, the following can be used as a very general guide:
Which route of repossession are you taking?
- Compulsory Repossession – this relies on a Notice to Quit and Section 33(1)(d) Notice. You give your tenant 2 months notice, tying in with the ish date. If your tenant still hasn’t moved out after the 2 months – you can raise an eviction action.
- Tenant breaching the tenancy agreement – you serve an AT6, then depending on which ground you are relying on, you can raise an action either 2 weeks or 2 months later. Most eviction actions are on the basis of rent arrears, where there is only a 2 week notice period. After the 2 week period is up, you can raise an eviction action.
What happens once an eviction action has been raised?
In most larger courts, you will get a hearing date within 6-8 weeks. However, this can be longer, depending on the court concerned. If your eviction order is granted that day, you then have a further 28 days to wait before the order can be enforced. However, once the court sends you your court order (usually around 3 weeks later) you must serve a Charge for Removing on your tenant, giving them 14 days notice of the impending eviction. So realistically, you will not be able to evict your tenant until approximately 5-6 weeks after the order has been granted.
In some situations, you can obtain a quicker court date by asking the court to reduce the period of notice to the tenant. However, this is on a case by case basis and primarily where there is on-going antisocial behaviour. It it is entirely up to the Sheriff whether or not he thinks it’s reasonable to do so in the circumstances.
If your action is defended the case may be continued, or a Proof may be fixed for evidence to be led, which can result in significantly more delay.
If you wish to discuss anything further, please feel free to contact us.
Here’s an example from real life:
25th February: Legal action instructed . Arrears £800+
Sheriff Clerk loses papers, case does not call until 20th May. Arrears £1500+.
Tenant’s representative appears, defends on grounds of reasonableness. Sheriff sets proof hearing on 8th September.
Case calls, agent has withdrawn with no instructions from client. Decree granted, arrears now £2500+
By the time eviction takes place, with Solicitors and Sheriff’s Offices fees, our loss will be over £3k.
Thanks for your comment Graeme – unfortunately, when you do raise an AT6 action where there is potential for a “reasonableness” defence to be put to the court, the timescales involved can be quite considerable, as you have experienced. It is always frustrating when an action is defended, a Proof fixed, and then their agent withdraws, simply adding to the delay. This is why we recommend if a Landlord can wait until they are able to rely on a Section 33 Notice, to raise an action on that basis, so’s not to open the gates to a possible “reasonableness” defence. Perhaps if specialist housing courts are ever introduced, as was recommended in the Gill Review of the civil courts, the timescales may be reduced somewhat. However, that may be a long time away
In October 2012 my tenant did not pay the rent on my property.In D ecember 2012 i issued a letter through my legal representative giving 2 months notice. The tenant has not given up property as he says he will be homeless.I have now instructed legal rep to issue notice to quit.I feel that the law is heavily in favour of tenant and i have no idea or timescale when I will take possesion of my property.The tenant is from eastern europe and is using the scottish laws to stay in my property rent free. It is now into 5th month and no end in sight.Has anyone got similar story B J
Unfortunately the process for recovering possession of a residential property is slow and can often take around 5 months from service of the initial eviction notices. It can be possible to take action at an earlier stage using the breach route and service of the AT6 but this would depend on the circumstances of the case and terms of the tenancy agreement. We would suggest you take legal advice on possible avenues for eviction. Ultimately the law in Scotland is weighed in favour of the tenant and there is no quick fix for landlords when tenants accrue arrears.