Supporting Evidence

When applying to the First-tier Tribunal to evict a tenant, landlords must prove that one or more of the statutory eviction grounds exist. The tribunal won’t accept bare claims or assumptions.

Supporting evidence is essential to show that the landlord’s case is genuine, well-founded, and fair. The type of evidence needed depends on the ground relied upon.

Common examples include:

Mortgage Repossession Notices: Official letters or court documents from the lender of the landlord’s mortgage confirming that repossession action is underway.
Landlord Intention to Sell: Marketing letters from estate agents, property listings, solicitor engagement letters, or other proof that the landlord genuinely plans to sell.
Arrears Statements: Detailed rent ledgers, bank statements, receipts, and correspondence showing the tenant’s payment history and outstanding balance.
Landlord or Family Member Moving In: Statements confirming plans to live in the property, evidence of the landlord’s or relative’s current housing situation, and planned move dates.
Anti-Social Behaviour: Police reports, neighbour complaints, witness statements, landlord records of incidents.

All evidence should be well-organised and complete. The tribunal scrutinises it to determine whether the statutory grounds are established.

Good practices include:

Providing a complete rent statement from the start of the tenancy.
Including copies of relevant correspondence with the tenant.
Labelling and numbering all documents for easy reference.
Using the tribunal’s online portal to upload evidence in advance.

The stronger the evidence, the less likely it is that a lengthy hearing or dispute over the facts will occur.

Eviction Order

If the tribunal is satisfied that the landlord has established one or more of the grounds for eviction, it will grant an Eviction Order.

An eviction order is a formal, written decision of the tribunal that authorises the landlord to recover possession of the property.

It is not the same as physically removing the tenant; rather, it is the legal permission that enables enforcement.

Key features:

The order specifies the property address and parties involved.
It states which ground(s) for eviction have been accepted.
It confirms that the landlord is entitled to recover possession.

For mandatory grounds, the tribunal must grant the order if the ground is proven (for example, rent arrears of three or more months at the time of the tribunal hearing).

For discretionary grounds, the tribunal considers whether it is reasonable to evict the tenant, weighing evidence and any mitigating circumstances.

The eviction order is sent to both the landlord and tenant. It will include the tribunal’s reasons for its decision.

Importantly, once an eviction order is granted:

The landlord cannot enforce it personally.
The tenant still has an opportunity to leave voluntarily before enforcement.

Landlords should not change locks, remove belongings, or harass the tenants themselves. Doing so is a criminal offence in Scotland.

Extract of Tribunal Decision

If the tenant refuses to leave voluntarily after an eviction order is granted, the landlord must take formal enforcement action. This is where the Extract of the Tribunal Decision becomes critical.

The extract is an official copy of the tribunal’s eviction order, sealed and signed to serve as the authority for enforcement. It is essentially the document sheriff officers require to remove the tenant from the property lawfully.

Key aspects:

The extract confirms that the landlord has a lawful right to recover possession of the premises.
It enables sheriff officers to serve a Charge for Removing or other eviction notice on the tenant.
It allows sheriff officers to physically attend the property and remove the tenant and their possessions if necessary.

Without the extract, sheriff officers cannot enforce the eviction. The extract ensures due process and protects both landlord and tenant rights by guaranteeing that eviction only happens following formal judicial approval.

Steps typically include:

The landlord applies to the tribunal administration for the extract.
The extract is issued (usually without delay once the order is final).
The landlord instructs sheriff officers to enforce the order.
Sheriff officers serve appropriate legal notice before carrying out removal.

Using the extract properly ensures that eviction is carried out lawfully, reducing the risk of damage claims or criminal sanctions for unlawful eviction.

Enforcement Through Sheriff Officers

Sheriff’s officers are authorised to carry out evictions. Once instructed, they handle:

Serving the extract and notice of removal on the tenant.
Giving the tenant a final time to vacate voluntarily.
Arranging and conducting physical eviction if needed.

Landlords must pay sheriff officer fees for this service. Costs can vary depending on the property’s location, the complexity of the removal, and any resistance from the tenant.

Professional Assistance

Many landlords choose to work with:

Solicitors experienced in tribunal work.
Letting agents familiar with eviction law.
Sheriff officers for advice on enforcement steps.

Professionals help ensure:

Notices are correctly served and worded.
Applications meet tribunal requirements.
Evidence is appropriately prepared and persuasive.
Enforcement is handled lawfully and effectively.

This reduces the chance of errors that can cause delays or result in a tribunal refusing an application.

Importance of Following the Law

Scottish eviction law is designed to protect tenants from unfair or retaliatory eviction. Landlords must:

Use the correct statutory notice (e.g. Notice to Leave for Private Residential Tenancies).
Wait for the notice period to expire before submitting your application.
Please apply to the tribunal and substantiate your claim with solid evidence.
Obtain a formal eviction order.
Enforce using sheriff officers with the extract of the tribunal decision.

Skipping or shortcutting any step is risky:

Evictions without an order are unlawful.
Landlords can face criminal prosecution.
Tenants may sue for wrongful eviction and damages.

Landlords should also prioritise transparency, fairness, and legal compliance.

Useful External Links

Scottish Government (gov.scot): Up-to-date guidance on private renting and eviction law.
First-tier Tribunal for Scotland (Housing and Property Chamber) (housingandpropertychamber.scot): Application forms, online portal, evidence guidance.
Shelter Scotland (shelterscotland.org): Advice on tenant and landlord rights, eviction processes.
Law Society of Scotland (lawscot.org.uk): Directory of solicitors with housing law expertise.

FAQs

What is supporting evidence in an eviction case?

Documents that prove the landlord’s grounds for eviction are valid. Examples include arrears statements, repossession notices, and marketing evidence for sale.

Do I always need supporting evidence?

Yes. The tribunal will reject applications without clear, persuasive evidence of the eviction ground.

What is an eviction order?

A formal written decision by the tribunal authorising the landlord to recover possession of the property.

Can I evict my tenant myself after getting an eviction order?

No. Landlords must use sheriff officers to carry out eviction lawfully. Self-help eviction is a criminal offence.

What is the extract of the tribunal decision?

The official, enforceable copy of the tribunal’s eviction order, which sheriff officers use to enforce removal.

How do sheriff officers enforce an eviction?

They serve notice on the tenant, give them time to leave voluntarily, and, if necessary, physically remove the tenant and their belongings using lawful powers.

This detailed guide explains how supporting evidence, eviction orders, and extracts of tribunal decisions fit together in Scotland’s legal process for residential evictions. By carefully understanding and following these steps, landlords can effectively enforce their rights while respecting tenant protections.

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