Reasons for being evicted

If your landlord is trying to evict you from the council, housing association or housing co-op home you're renting, they have to give a reason, or a 'ground'.

There are 15 different possible grounds for eviction. You should get a notice of proceedings telling you the grounds being used.

The grounds are split into two categories – conduct grounds and management grounds.

If you're being evicted, get advice from Shelter Scotland's free housing advice helpline on 0808 800 4444.

They can help you prepare your case for the court and arrange for someone to represent you.

Conduct grounds

Conduct grounds are reasons to evict you because of something you've done (or have not done).

When your landlord goes to court to ask for the eviction order, they have to prove that what you've done is enough to have you evicted.

Conduct grounds you can be evicted for include:

1. Rent arrears or breaking your tenancy agreement

If you have not paid the rent, what you owe is called rent arrears. If this is the reason, or one of the reasons why your council or landlord wants to evict you, they must follow a number of steps to try to help you deal with the rent arrears before they can raise eviction action in court.

You could also be evicted for ground 1 if you broke one of the conditions of your tenancy agreement. When you get your notice of proceedings it should tell you which condition you broke.

The court will decide whether it's reasonable to evict you.

2. Using the home for illegal reasons

This ground can be used if you or someone you live with was convicted of an offence that was committed in your home or in the area near your home.

For example, if you were convicted of dealing drugs in your local area, or letting your home be used for prostitution, you could be evicted on this ground.

The court will decide whether it's reasonable to evict you. If the eviction process started within 12 months of the conviction, they do not need to consider this.

3. Deterioration of the property

If you or someone you live with has caused the home to get into a bad state, either by damaging it or not taking care of it, you could be evicted.

This also includes areas you share with your neighbours, like the stairwell or the garden.

The court will decide whether it's reasonable to evict you.

4. Deterioration of furniture

This ground can be used if you damage any furniture in the home which has been provided by the council or housing association. Natural wear and tear cannot be used as grounds for eviction but if the damage is caused because of your poor treatment it can be.

This includes furniture in a common area, like a garden.

The court will decide whether it's reasonable to evict you.

5. Absence from the home

Your landlord can try to evict you if they think you have not lived in your home for six months without good reason, or if they think you're staying somewhere else so often that it's become your main home.

You might have a genuine reason for being away for so long – like being in hospital, caring for a family member or working away. If you do, and you did not tell your landlord this at the time, you might need to prove why you were away from home to stop the eviction.

The court must decide whether it's reasonable to evict you.

6. You made a false statement to get the home

If you knowingly lied or gave false information to get your home, you could be evicted.

For example, if you had rent arrears at your last tenancy but said you did not in your housing application.

The council or housing association must have evidence to prove that you lied to show to the court.

The court must then decide whether it's reasonable to evict you.

7. Antisocial behaviour

This ground can be used if you or someone living with you has been taking part in antisocial behaviour.

This could include being too noisy, being violent, threatening neighbours, being verbally abusive, destroying or vandalising things in the local area or not controlling your pets.

This behaviour does not have to happen in your home, it could have happened in your neighbourhood.

If this ground is used against you, your council or landlord has to also satisfy the court that it is not reasonable to move you to another house. For example, if the antisocial behaviour would continue if you were moved elsewhere.

Management grounds

The council or housing association can only use these eviction grounds if they need you to move.

Unlike conduct grounds, if you're being evicted on management grounds your landlord must satisfy the court that other suitable accommodation will be available for you.

The sheriff will not give your landlord an eviction order until they're satisfied that your new home will be reasonably suitable for you and your family.

The sheriff will consider:

• the closeness of the new accommodation to your work, place of study and your children's school compared to your current home
• the size of home needed for you and your family
• the type of accommodation being offered compared to your current home
• the terms on which the accommodation is offered to you compared with the terms of your existing tenancy,
• where furniture is to be provided by landlord, whether this is equivalent to the furniture provided in your current home
• its suitability for any special needs such as any disabilities you or your family have

The management grounds you can be evicted for are:

8. Nuisance, annoyance or harassment

Your landlord can only apply to the court for an eviction order on this ground if both:

• you or someone you live with has been guilty of harassment, nuisance or annoyance in your home or the surrounding area
• the council or housing association think it’s appropriate in the circumstances to require you to move to other accommodation

9. Overcrowded home

This ground can only be used if your home is legally overcrowded.

This does not include temporary overcrowding for a short while, such as when friends or family come to visit you.

10. Demolition of, or substantial work on, the property

Your landlord can only apply to the court for an eviction order on this ground if your home needs to be demolished, or substantial repair work is needed to your home.

The sheriff also has to be satisfied before granting an order that both:

• you cannot live there while the work takes place
• that the demolition or repair work will take place within a reasonable period of time

If you will be allowed to move back in once the work is finished, the sheriff can make another order saying this.

11.The home is designed or adapted for someone who is disabled or has specific access needs

You can only be evicted using this ground if all the following apply:

• your home has been designed or adapted for someone who is disabled or who has specific access needs
• nobody in your household has these needs
• the landlord requires the home for someone who does have these specific needs

12. The home is part of a group located near facilities for disabled people or people with specific access needs

Similar to ground 11, you can only be evicted using this ground if all the following apply:

• your home is part of a group of flats or houses which have been designed, adapted or located near facilities for disabled people or people with specific access needs
• nobody in your household has these needs
• the landlord requires the house for someone who is disabled or has specific access needs

13. The landlord has leased the home

If your landlord has been renting your home from someone else, they can only apply to the court for an order to evict you when their agreement with the person they're renting from has ended or will end within 6 months.

14. The landlord is an islands council and the home is for an education worker

This ground can be used if you're renting a home from the Orkney Islands Council, Shetland Islands Council or Comhairle nan Eilean Siar and all of the following apply:

• the property is specifically reserved for a teacher or education worker
• the property is needed for a teacher or education worker to move into
• the council has no other suitable accommodation for them
• you’re no longer employed by the council as a teacher or education worker, or you've been given notice that your employment will be terminated

15. The landlord wants to transfer the home

This eviction ground can only be used if you no longer want to live with a partner or ex-partner. If you no longer want to live with the person you're sharing the home with, your landlord might want to transfer the tenancy of the house to them.

The council or housing association can only use this ground if all the following apply:

• you’re the tenant
• you live with a partner or ex-partner
• you no longer want to live together
• the tenancy will be transferred to your partner or ex-partner
• the council or housing association wants to give you somewhere else suitable to live

In some cases, your ex-partner must have lived with you for at least 6 months for this ground to be used. This does not apply if they’re your:

• married spouse or former spouse
• civil partner or former civil partner

For this ground, the court must consider both that it’s reasonable to make an eviction order and that other suitable accommodation will be available for the tenant when the order takes effect.