From 1 December 2017, applications by private landlords concerning eviction/possession of property must be made to the First-tier Tribunal for Scotland (Housing and Property Chamber). Social landlords (local authorities, and Registered Social Landlords such as housing associations) must continue to apply to their local Sheriff Court. If you are in any doubt about what type of landlord you are, you should seek legal advice.
Using the menu on the right, you will find information about making an eviction/possession application, guidance on the process, and links to relevant legislation.
Civil Proceedings applications are for issues that are not covered by a specific Rule but that arise from the relevant type of tenancy. An example of this might be an application for a payment order for rent arrears. Civil proceedings applications may be submitted alone by either the tenant or the landlord, or they can be submitted together with an eviction application by the landlord.
If you are in any doubt about whether to use the Civil Proceedings application form, please go back to the Apply to the Tribunal page and search the list of Rules to check if the type of application you wish to make is listed there. If it is, you can click on the relevant Rule to go to the appropriate page. If not, you may wish to seek legal advice on the type of application you want to make, and whether it is appropriate to apply to the Tribunal, or to the Sheriff Court.
Below is a list of the applications that should be made using the forms and guidance available from the forms and guidance page listed on the right.
CHAPTER 6 Procedure in respect of assured tenancy applications
65.Application for order for possession in relation to assured tenancies.
66.Application for order for possession upon termination of a short assured tenancy.
70.Application for civil proceedings in relation to an assured tenancy under the 1988 Act.
CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications
77.Application for possession.
79.Application to evict an occupier upon termination of a tenancy.
91.Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act.
CHAPTER 12 Procedure in respect of private residential tenancy applications
109.Application for an eviction order.
111.Application for civil proceedings in relation to a private residential tenancy.