You'll be in rent arrears if you fall behind with your rent payments to your landlord. If you owe rent arrears, you should talk to your landlord so that you can work together to avoid the need for eviction.
Shelter Scotland can give advice and support to help with rent arrears.
If your landlord wants to evict you, they must follow the legal eviction process. Read more about the recent changes to these processes.
If your landlord is planning to evict you because you are in substantial rent arrears, they have to follow the 3 steps set out below before they can start the eviction process.
- Landlords should send you clear information that explains:
- the terms of your tenancy agreement
- how much rent you owe (the rent arrears)
- your rights as part of the legal process to take a property back from a tenant
- where you can get free information and advice on financial support and debt management
- Landlords should make reasonable efforts to agree a repayment plan with you. This should include how you'll make payments to the landlord for both:
- future rent payments
- the rent you owe from missed payments
- Landlords should give reasonable consideration to:
- anything you're doing which may help you to pay (in full or some of) the rent owed within a reasonable time
- whether you've complied with the terms of any agreed payment plan so far
- any changes to your circumstances which will affect your ability to meet the agreed plan
How this is used in an eviction order decision
The landlord should record in writing the steps they take to meet these requirements, for example as letters or emails. If the landlord wants to apply for an eviction order, the First Tier Tribunal (Housing and Property Chamber) will ask to see these records.
The Tribunal will look at this evidence to decide if the landlord acted reasonably. This is part of what the Tribunal needs to decide if an eviction can happen or not.
The landlord does not need to take the 3 steps described above if they gave you notice to leave before 7 April 2020, or if all of the money you owe is from rent arrears from before 27 May 2020. You can read the full guidance on steps landlords should take for eviction action during the eviction pause
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