Dealing with rent arrears as a private landlord

When your tenant misses rent payments, the debt they owe is called rent arrears.

There are rules you must follow to try and avoid the need for any eviction action. These are called 'pre-action protocols'.

Your tenant can get money and debt advice to deal with their arrears. They may also qualify for certain benefits if they cannot afford some or all of the rent.

What you must do

To follow the pre-action protocols, you must contact your tenant as soon as possible. You must give them:

• the information their tenancy agreement has on rent
• a clear breakdown of their rent arrears and the dates payments were due
• the process for ending a tenancy, including the steps you must take to try and prevent an eviction
• information on sources of advice, so they know where they can get help

You must make reasonable efforts to agree a payment plan with your tenant for both the rent arrears and future rent payments.

Gov.scot has detailed guidance on meeting the pre-action protocols.

Agreeing a payment plan

You must make reasonable efforts to agree a payment plan with the tenant. This should be for both the rent arrears and future rent payments.

Your tenant may feel vulnerable about discussing a payment plan. They may be worried they could lose their home. Sharing information in advance can help them.

If you agree a payment plan, you must send the tenant a copy for their records. Get confirmation from them that they understand the plan and agree to it.

If you cannot agree a payment plan, record the steps you took and all correspondence. This will help you show the efforts you made to agree a plan.

What a payment plan can include

When suggesting a payment plan, consider the tenant’s personal and financial circumstances.

Options you can consider putting into a payment plan include:

• agree to defer repayment of the arrears
• agree to write off some or all the rent arrears

• allow the tenant to pay rent in smaller, more regular payments if this suits them better

• allow them to make partial payments with agreed dates for them to make up the shortfalls 

• agree they can pay you rent by cash or cheque rather than direct transfer if this helps them

Your tenant can also propose a payment plan. If you consider their proposed plan unreasonable, write to them to explain why you do not accept it.

If your tenant gets Universal Credit

You can apply to get the tenant’s rent and any rent arrears paid to you directly from their monthly Universal Credit payment.

Apply for a direct rent payment on GOV.UK.

Template letters you can use

There are template letters you can use to help you follow the rules for dealing with rent arrears.

These include letters that:

• give the tenant sources of help and reference a payment plan
• confirmation letters you can use if a payment plan is agreed
• tenants’ rights information you can send the tenant

There is also a sample income and expenditure template that can help when you’re trying to agree a payment plan.

Download the template documents on gov.scot.

If you cannot resolve the rent arrears

You may be able to end the tenancy because your tenant has rent arrears.

You can recover money you are owed at a tribunal. It's called the First-tier Tribunal for Scotland (Housing and Property Chamber).

Ending the tenancy

For private residential tenancies, you can only do this if your tenant has had rent arrears for at least 3 months in a row.

There are strict rules around ending a tenancy due to rent arrears, including notice you must give.

Check the rules for ending a tenancy.

Getting back rent arrears you’re owed

To recover rent arrears you’re owed, you can take your tenant to the tribunal.

The tribunal will decide if the tenant does owe you money. It can order the tenant to pay you what they owe.

To apply to the tribunal, complete form F (Civil Proceedings Application). Send it to the tribunal. Get form F and notes on completing it on the tribunal website.

There’s no cost to apply to the tribunal.