Scotland has long positioned itself as a leader in tenant protection legislation. The Housing (Scotland) Act 2025 takes this commitment a step further by strengthening safeguards against wrongful eviction and introducing new considerations for the First-tier Tribunal when adjudicating possession cases.
This chapter examines the Act's approach to eviction procedures, the introduction of a 'reasonableness' assessment framework, and the updated mechanisms for calculating damages when unlawful evictions occur.
Before exploring the new provisions, it's worth understanding where Scotland already stands.
Unlike England, Scotland abolished 'no-fault' evictions in 2017. Since then, landlords have been required to use one of 18 statutory grounds to recover possession of a property. Each ground must be proven to the First-tier Tribunal, which has the authority to grant or refuse an eviction order.
The Private Housing (Tenancies) (Scotland) Act 2016 already provides robust tenant protections. However, enforcement gaps and inconsistent tribunal decisions have highlighted areas for improvement: particularly around unlawful eviction deterrence and the tribunal's discretionary powers.
The 2025 Act addresses these directly.
One of the most significant changes in the Act is the formal introduction of a reasonableness test for certain eviction grounds.
Under the current system, if a landlord proves a statutory ground exists (for example, they intend to sell the property), the tribunal must grant the eviction order. There is limited room for discretion.
The new reasonableness test changes this dynamic.
When a landlord applies for an eviction order on specified grounds, the tribunal will now consider whether it is reasonable in all the circumstances to grant that order.
This means proving the ground alone is no longer sufficient. The tribunal will weigh:
This approach mirrors systems already in place in other jurisdictions and aligns with Scotland's housing rights framework, which recognises secure housing as fundamental to wellbeing.
The reasonableness test is expected to apply primarily to discretionary grounds: those where the landlord's need for possession is not deemed urgent or absolute.
For example:
Mandatory grounds: such as serious rent arrears or antisocial behaviour: will likely remain outside the scope of the test, though tribunals will retain existing discretion in these cases.
Even when an eviction order is granted, the Act introduces a new duty for courts to consider when the eviction should take place.
This provision, set to come into force in March 2026, acknowledges that timing can be as critical as the eviction decision itself.
Courts will have the power to delay the enforcement of an eviction order if immediate removal would cause disproportionate harm to the tenant.
Factors the court may consider include:
This discretion does not prevent eviction: it simply allows the court to set a more appropriate timeline that balances the landlord's rights with the tenant's need for dignity and stability during transition.
Unlawful eviction: removing a tenant without following proper legal processes: has long been a problem in the private rented sector. The Act introduces revised mechanisms for calculating damages to better deter this practice.
Unlawful eviction occurs when a landlord:
These actions are already illegal under existing legislation. However, enforcement has been inconsistent, and compensation awarded to victims has often been insufficient to act as a meaningful deterrent.
While the full details of the revised damages calculation are still being finalised, the Act signals a move toward higher baseline compensation and a more structured approach to assessing harm.
The updated framework is expected to consider:
Courts may also be granted broader powers to award exemplary damages in cases where the landlord's conduct was deliberate and malicious.
The aim is clear: make unlawful eviction financially unviable and send a strong signal that circumventing legal processes will not be tolerated.
The Act also reinforces protections for tenants during the eviction process itself.
Tenants facing eviction will have clearer rights to access free legal advice and representation through organisations like Shelter Scotland and local authority housing teams.
The tribunal process can be intimidating, particularly for vulnerable tenants. Ensuring access to professional support levels the playing field and helps ensure decisions are based on evidence rather than power imbalances.
Tribunals will have an explicit duty to consider all written and verbal submissions from tenants, including:
This formalises what should already be standard practice but ensures consistency across all tribunal hearings.
These changes fundamentally shift the balance of power in eviction proceedings. For landlords and letting agents, this means:
1. Documentation is Critical
Every step of an eviction process must be meticulously documented. Tribunals will scrutinise whether proper notice was given, whether grounds are genuine, and whether alternatives were explored.
2. Evictions Will Take Longer
The reasonablness test and delayed enforcement provisions mean eviction timelines will extend. Landlords should factor this into their financial planning and avoid relying on quick possession.
3. Unlawful Eviction is a High-Risk Strategy
The enhanced damages framework makes attempting to bypass legal processes a potentially ruinous decision. The financial and reputational costs far outweigh any perceived short-term gain.
4. Professional Advice is Essential
Navigating the updated eviction framework will require professional expertise. Landlords should seek legal advice before initiating possession proceedings to ensure compliance with all requirements.
These eviction reforms do not exist in isolation. They form part of Scotland's wider commitment to housing as a human right: a principle enshrined in the Housing to 2040 strategy and reflected in ongoing legislative developments.
The Act recognises that secure housing is foundational to employment, education, health, and community participation. By making evictions harder to obtain and punishing unlawful removals more severely, Scotland is prioritising stability and dignity for renters.
For the professional lettings sector, this requires adaptation. The era of easy possession is over. In its place is a system that demands higher standards, better communication, and genuine respect for tenants' legal rights.
The challenge now is to operate successfully within this framework: balancing commercial viability with regulatory compliance and ethical responsibility. Those who embrace the change will thrive. Those who resist will find themselves increasingly out of step with both the law and public expectation.
Let Tech Solutions Ltd is an Appointed Representative of George Stubbs Insurance Services Ltd, which is authorised and regulated by the Financial Conduct Authority.
