Eviction
Sheriff officers generally enforce eviction orders between 8am and 8pm.1s217 BD(S)A 2007 However, they can come in the middle of the night if given special permission from a court order or if it is to secure someone’s safety. Where required, sheriff officers are entitled to use necessary and reasonable force (eg, provided they have the correct warrant, they can force a door or break a lock or a window) to enter the property and remove: •the tenant(s);
•the tenants’ possessions;
•anyone else living in the property.
The landlord should inform the tenant of the eviction date by sending them a letter (called a ‘Form of Charge for Removing’). This letter must be served on the tenant by the sheriff officer and generally give the tenant 14 days to vacate the property.
If the tenant fails to leave the property within this time, the sheriff officer informs the tenant of when they will arrive to evict them. Generally, the sheriff officer gives the tenant 48 hours’ notice.
If someone tries to stop the sheriff officer carrying out an eviction, they could be charged with breach of the peace.