Eviction

If you, as a landlord/owner, wish to evict a tenant/occupier from a property you must first serve a Notice to Quit. upon the tenant/occupier. An immediate Notice to Quit may be given if a tenant/occupier is in arrears of rent, otherwise a period of notice to leave the premises must equate to the rental period ie weekly or monthly. HM Sheriff staff will arrange for the Notice to Quit to be produced and served upon the tenant/occupier. A fee is charged for this service.

It is advisable to obtain the services of an advocate to commence and conduct eviction proceedings in Court as the Royal Court has to be satisfied that there is a legal basis for eviction of a tenant/occupier.

What do I need to do?

In order to commence eviction proceedings the landlord/owner must first complete the Eviction Application Form, Cause Form, and Summons Form and submit them, in duplicate, to the Royal Court either in person at the Royal Court counter or by post, along with payment of the relevant fees. Copies of the forms can be downloaded under the Forms link in the left hand column or can be obtained from the Greffe.

What is the procedure?

The basic procedure for an eviction is:

1) The landlord/owner provides the required completed documents to the Greffe in duplicate.

2) The Bailiff reviews the Application and either rejects or grants permission for the landlord/owner to issue a Summons on the tenant/occupier.

3) Upon receiving permission, the tenant/occupier should be served with a Summons to attend an eviction hearing in the Royal Court.

4) The Judge will consider whether an eviction order can be granted as a matter of law. If the tenant/occupier wishes to request a stay of eviction, any such request will be considered at a later court sitting with Jurats. The Jurats will decide on the facts before them whether a stay of eviction can be given and the length of the stay.

5) Once an eviction order has been made the services of HM Sheriff may be used to effect the eviction of tenants and occupiers from the premises.

Should you require legal advice please refer to an advocate.