How to evict a commercial property tenant in Scotland?
In Scotland, the eviction process for commercial property involves a few steps.
- The first step is for the landlord to serve the tenant with a notice to quit. This notice must be in writing and state the date by which the tenant must leave the property. The notice must be served in accordance with the terms of the lease or by hand delivery.
- If the tenant does not leave the property by the specified date, the landlord can apply to the court for an eviction order. The application must be made using the correct form and include all relevant information about the tenancy.
- The court will then issue a summons to the tenant, which must be served in accordance with the rules of the court. The summons will state the date of the court hearing and the grounds for the eviction.
- At the hearing, the landlord must prove to the court that the grounds for eviction are valid. The tenant will also have the opportunity to present their case.
- If the court grants the eviction order, the tenant will be given a specified period to vacate the property. If the tenant still does not leave, the landlord can apply for a warrant of eviction to have the tenant removed by the sheriff’s officers.
It is important to note that the eviction process for commercial property in Scotland can be complex, and it is recommended that landlords seek legal advice before starting the process.
Legislation in Scotland for evicting commercial property tenants?
The legislation in Scotland for evicting commercial property tenants is primarily set out in the Enforcement of Commercial Leases in Scotland. This sets out the legal framework for the termination of commercial leases and the eviction of tenants.
Under the Act, a landlord must follow a specific process to evict a tenant from commercial property. This process typically involves serving a notice to quit, applying to the court for an eviction order, and obtaining a warrant from the court if necessary.
The Act also sets out the grounds on which a landlord can seek to evict a tenant. These grounds include breach of the lease agreement, non-payment of rent, and the expiry of the lease term.
In addition to the Enforcement of Commercial Leases in Scotland, landlords must comply with other relevant legislation when evicting commercial property tenants like the Debt Arrangement and Attachment (Scotland) Act 2002 (which governs the recovery of rent arrears).
It is essential for landlords to be familiar with the relevant legislation and to seek legal advice if they need clarification on their obligations when it comes to evicting commercial property tenants.
What notice needs to be served?
In Scotland, a landlord who wishes to evict a tenant from a commercial property must serve a notice to quit. This notice must be in writing and state the date the tenant must leave the property.
The notice period’s length depends on the lease agreement’s terms. If the lease does not specify a notice period, then the landlord must give the tenant “reasonable” notice. This is usually considered to be at least 40 days’ notice, although it can be longer depending on the circumstances.
It is important that the notice to quit is served correctly. The notice should be delivered in accordance with the terms of the lease or by hand delivery. If the notice is sent by post, it should be sent by recorded delivery so that there is evidence of when it was received.
If the tenant does not leave the property by the specified date, the landlord can then apply to the court for an eviction order.
Scotland eviction statistics
We do not have the latest 2022 stat. According to the Scottish Government’s latest statistics from 2020, there were 10,272 eviction actions initiated in Scotland, including residential and commercial properties.
Of these, 2,438 were classified as commercial actions, which accounted for around 24% of all eviction actions initiated in Scotland. However, it is important to note that the COVID-19 pandemic and associated eviction restrictions may have impacted these figures.
The eviction process for commercial properties can be complex and time-consuming, and it is recommended that landlords seek legal advice before initiating any eviction action.
Scotland Commercial property eviction process FAQ
- Can a landlord evict a tenant without a court order? No, a landlord cannot evict a tenant without a court order. Even if the tenant has breached the lease agreement, the landlord must still follow the proper legal process to evict them.
- How long does the eviction process take? The length of the eviction process can vary depending on the circumstances. It can take several weeks or even months to complete. It is important to note that the process can be delayed if the tenant decides to contest the eviction in court.
- Can a landlord change the locks on the property to prevent the tenant from entering? No, a landlord cannot change the locks on the property to prevent the tenant from entering. This is considered an illegal eviction, and the tenant can take legal action against the landlord.
- Can a tenant continue to occupy the property after the notice period has expired? If the tenant has yet to vacate the property by the end of the notice period, the landlord can apply to the court for an eviction order. However, until the court grants the order, the tenant is legally entitled to remain in the property.
- Can a tenant be evicted if they are behind on rent payments? Yes, a tenant can be evicted if they are in arrears on their rent payments. However, the landlord must still follow the proper legal process to evict them.
- Can a landlord reclaim unpaid rent after the tenant has been evicted? Yes, a landlord can pursue legal action to recover unpaid rent after the tenant has been evicted. This can be done through the small claims court or the sheriff court, depending on the amount of rent owed.
Join the British Landlords Association for only £69.95 for full membership for a year.
Our top-read blogs:
Property business expenses landlords should claim
What is the definition of ‘fair wear and tear in residential property letting?
Landlord (EICR) electrical inspection condition report 2023 Guide
Commercial property landlord association – British Landlords Association | 2023
