First Tier Tribunal Scotland Eviction: Form E and the Application Process

If your tenant doesn't leave after the notice to leave expires, the only lawful next step is the First-tier Tribunal for Scotland (Housing and Property Chamber). Self-help eviction is a criminal offence. The tribunal handles all eviction applications for private residential tenancies, and applying is free.

How to Apply: Form E Under Rule 109

The application form is Form E, submitted under Rule 109 of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (SSI 2017/328). You can download it from the tribunal's website at housingandpropertychamber.scot.

What to Attach

Your application needs a complete evidence package:

1. The PRT agreement — the signed tenancy contract
2. Your notice to leave — the served copy, not a blank
3. Proof of service — Royal Mail tracking log, signed delivery receipt, or sent email with headers
4. Evidence for each ground cited — the documents that prove your factual case (Home Report for Ground 1, affidavit for Ground 4, rent ledger for Ground 12, etc.)
5. Pre-action requirements records — mandatory for Ground 12 (rent arrears): copies of the arrears statement you sent, debt advice signposting, repayment plan correspondence, and benefit delay assessment
6. Section 11 notice — proof that you notified the local council's homelessness team (see below)

If mandatory items are missing, the tribunal may request further documents and set a period for supplying them. If the requested documents are not received in time, the application is not accepted.

Section 11 Notice: A Separate Mandatory Step

At the same time you lodge Form E, serve a Section 11 notice on the local authority where the property is located. This is a legal duty under Section 11 of the Homelessness etc. (Scotland) Act 2003.

The Section 11 notice alerts the council's housing options team that an eviction application has been raised, so they can offer the tenant homelessness support if needed.

Critical timing point: you serve the Section 11 notice when you lodge the tribunal application, not when you serve the notice to leave. Doing it too early (at the notice stage) is wrong.

Each council has its own homelessness or Section 11 team and its own form. Check your local council's website or phone their housing department to find out where to send it.

What Happens After You Apply

Validation. The tribunal checks your application is complete and correctly formatted. If something's missing, they'll write to you.

Service on the tenant. The tribunal serves notice of the proceedings on the tenant, giving them an opportunity to respond.

Case Management Discussion (CMD). Both you and the tenant are invited to a CMD — usually by phone or video. This is a preliminary hearing where the tribunal member assesses whether the case can be resolved quickly.

If the tenant doesn't contest the facts and the tribunal is satisfied that eviction is reasonable, an eviction order can be granted at the CMD stage. Many straightforward cases — particularly uncontested Ground 1 applications — resolve here.

Full hearing. If the tenant disputes the facts or challenges reasonableness, the case goes to a full evidential hearing with oral evidence and witness cross-examination. This is more formal.

Timeline. Current processing times from application to hearing average 8 to 12 months, depending on tribunal workload and case complexity. Contested cases take longer.

After the Eviction Order

Once the tribunal grants an eviction order, a 30-day appeal window begins. The tenant can appeal to the Upper Tribunal during this period.

If no appeal is lodged (or the appeal fails), you obtain an extract order from the tribunal. This is the document that authorises enforcement.

You then instruct authorised Sheriff Officers. They serve a Charge for Early Removal on the tenant — typically giving 14 days' final notice — and then execute the physical eviction if the tenant still hasn't left.

You cannot instruct Sheriff Officers until the 30-day appeal window has passed. And only Sheriff Officers can carry out the eviction — not you, not your agent, not a locksmith.

Costs

Applying to the Housing and Property Chamber is free. There are no court fees for landlord eviction applications. Your main costs are Sheriff Officers' fees for enforcement (if it gets that far) and any solicitor fees if you choose to be represented.

Many landlords handle the application themselves — it's an administrative process, not a courtroom trial. But if the case involves complex disputes or the tenant has legal representation, professional advice may be worth it.

The Notice to Leave in Scotland guide maps the full tribunal process — from completing Form E to preparing your evidence bundle and understanding what happens at each stage.

See more Scotland guides →