Our process to success

Efficient residential tenant eviction

Eviction Hotline specializes in assisting landlords and agents in dealing with challenging tenants, ensuring a smooth and lawful resolution. Our comprehensive eviction services provide you with the necessary support to regain possession of your property while adhering to all legal requirements. Say goodbye to unexpected hurdles during the eviction process as we handle it all for you.

What are grounds for eviction in Scotland?

'Grounds' are the reason why your landlord wants to evict you. There are 18 grounds for possession that a landlord can use to apply for an eviction order and each ground has a different notice period:

Landlord intends to sell

Property to be sold by lender

Landlord intends to refurbish

Landlord intends to live in the property

Family member intends to live in the property

Landlord intends to use for non-residential purposes

Property required for religious purposes

You're no longer an employee

No longer in need of supported accommodation

Not occupying let property

Breach of tenancy agreement

Rent arrears

Criminal behaviour

Antisocial behaviour

Association with person who has relevant conviction or engaged in relevant antisocial behaviour

Landlord has ceased to be registered

HMO licence has been revoked

Overcrowding statutory notice

STEP 1

Serve Notice

Review

During this crucial initial step, we diligently conduct a comprehensive review of the information provided to us. This meticulous process allows us to thoroughly evaluate the details and gain a deep understanding of the tenant's circumstances.

Advise if necessary

Based on the information provided, our expert team will assess the situation and provide informed advice on whether any necessary actions need to be taken to ensure the notice is served without any potential risks. We understand the importance of minimizing any potential legal or procedural complications during this crucial phase.

Draft & serve notice

Once all the necessary paperwork has been meticulously prepared and organized, we will proceed to draft and serve the appropriate notice with utmost care and precision. Our team of professionals ensures that the notice is accurately crafted, adhering to all legal requirements and procedural guidelines.

What not to do when evicting a tenant

NEGLECT YOUR OBLIGATIONS

It is crucial to ensure that you fulfill your obligations as a landlord throughout the notice period of the tenancy agreement. This includes diligently attending to maintenance and other landlord responsibilities. Neglecting these obligations could potentially lead to legal consequences and the initiation of legal action against you.

CHANGE THE LOCKS

Entering the property to change the locks without notice and prior to the tenant vacating the premises is a criminal offence which could lead to a substantial fine or even imprisonment.

REMOVE THE TENANT'S BELONGINGS FROM THE PROPERTY

Engaging in the practice of retaining a tenant’s belongings as a form of compensation for unpaid rent, or removing their possessions from the property prior to their departure, constitutes a serious criminal offense. Such actions may lead to severe penalties and repercussions for landlords. It is important to note that failing to return a tenant’s belongings can result in prosecution and legal consequences.

SHUT OFF THE UTILITIES

Switching off the utilities such as gas, water, electricity is a serious act. As a landlord, you need to fulfil your legal obligations and shutting off a tenant’s water supply could result in criminal action.

STEP 2

Issue Claims

Draft a claim

Should a tenant fail to vacate the premises despite being served a possession notice, we offer the convenience of drafting the necessary court claim on your behalf. Our expert team is experienced in preparing accurate and concise court documents, ensuring a streamlined process as we take the required legal steps to address the situation effectively.

Court forms & Preparation

During this crucial stage, we will diligently compile all pertinent paperwork, carefully organizing it with an index for the judge's reference at the court hearing. We handle the completion of necessary court forms and make the required fee payments through our court account, ensuring a professional and organized approach throughout the process.

Expert Representation

We will make arrangements for a skilled and experienced representative to accompany you as an expert at the court proceedings. This representative will provide you with professional support and guidance, ensuring that you have knowledgeable assistance throughout the legal proceedings.

STEP 3

Bailiffs

In rare cases where a tenant remains obstinate and fails to vacate the premises as directed by the court, we take the necessary steps to arrange for officials to physically remove them. The fee we charge includes the application to the bailiff, which can only be made once we have obtained a possession order from the court.

In certain situations, some judges may grant permission for us to apply for a high court sheriff to enforce the possession order. This option offers a faster process compared to instructing a county court bailiff, although it does involve a higher fee. If the court grants this permission, we highly recommend pursuing this route for more expeditious resolution.