Evictions in Scotland

A comprehensive guide to the recovery of possession of residential property in Scotland Drawing on over 20 years of experience, Adrian Stalker concentrates on the issues that arise most frequently in eviction cases. He covers: - Unlawful evictions - Pre-action notices - Termination of tenancy contracts - Security of tenure - Scottish secure tenancies and short Scottish secure tenancies - Assured and short assured tenancies - Private residential tenancies - Evictions and public law - Sheriff Court procedure - First-tier tribunal (Housing and Property Chamber) procedure Stalker sets the subject in context by providing an outline of the development of Scots law in relation to evictions and analyses the complex statutory schemes regulating security of tenure. In particular, he examines the prerequisites for obtaining an order for possession under the Housing (Scotland) Acts 1988 and 2001 and an eviction order under the Private Housing (Tenancies) (Scotland) Act 2016. This new edition covers changes to the law since 2007, including the introduction of tribunal proceedings and the private residential tenancy. New chapters are included to cover tribunal procedure, eviction proceedings under the 2016 Act, and public law, human rights and Equality Act defences. Adrian Stalker is an advocate and has practised at the Scottish Bar since 2007. Adrian has specialised in housing law for more than 20 years. Between 1999 and 2006 he was the Principal Solicitor of Shelter Scotland's Housing Law Service. Cover image: (c) iStockphoto.com Cover design: [EUP logo] edinburghuniversitypress.com ISBN 978-1-4744-8216-5 Barcode

Adrian Stalker is an advocate specialising in housing law with Westwater Advocates in Edinburgh. He was called to the Bar in 2007, prior to which he was a solicitor for 14 years. Between 1999 and 2006 he was the Principal Solicitor of Shelter Scotland's Housing Law Service. He has published numerous articles in SCOLAG, including a regular housing law update, since 2007. In 2018, his book Housing and Equality Law in Scotland was published by Shelter, with funding from the EHRC.

Introduction - Historical Context - Unlawful Eviction - Pre-action Notices - 2001 Act - SST Grounds - SSSTs - 1988 Act - 1988 Grounds - PRTs - PRT Grounds - Judicial Review - Other form of occupation - Procedure in the Sheriff court - Tribunal Procedure - Post Decree etc Appendix: Coronavirus (Scotland) Act April 2020