ABSTRACT
This chapter first looks at the historical development of security of tenure for tenants and the use of evictions, focusing particularly on the experience of Edinburgh. It considers how the Sheriff' Courts deal with evictions today, noting in particular the conveyor belt mentality that applies and the lack of legal representation by tenants. The chapter then assesses the lack of representation and the reasons for it in more detail. Since the early nineteenth century there has been a policy in the Scottish legal system that evictions should be dealt with by way of summary rather than ordinary procedure, and procedural reform has long concentrated on removing obstructions to landlords rather than maintaining the rights of tenants. There are important consequences for eviction actions. Finally, the chapter considers the causes of eviction and discusses some policy implications for the Scottish Parliament.
