Do You Have to Keep Paying Rent After Receiving an Eviction Notice in Scotland?

Facing an eviction notice in Scotland can be stressful, especially if you are unsure about your legal rights, including paying rent after receiving notice. Knowing your responsibilities and the official process can help you make informed decisions during this challenging time.

Eviction Notices and Paying Rent: Your Rights in Scotland

In Scotland, if you receive an eviction notice—formally known as a notice to leave or notice of proceedings—your obligation to pay rent generally continues until your tenancy is legally ended. Your rights and responsibilities during this period are protected by Scottish law.

What Is an Eviction Notice?

An eviction notice is a formal written statement given by a landlord to a tenant, asking them to leave the property by a specified date. In Scotland, for most private residential tenancies, this is called a Notice to Leave (official term and guidance).

• Notice to Leave (Form PRT): Used by landlords for Private Residential Tenancies. The notice must state the reason for eviction and the leave date. See the official Notice to Leave form and guidance.
• Notice of Proceedings (Form AT6): Used for Assured or Short Assured Tenancies (typically those that started before December 2017). More details at the Scottish Government's eviction advice.

Are You Still Required to Pay Rent After an Eviction Notice?

Yes, you must continue to pay rent up to the date your tenancy officially ends. The eviction process does not usually end your tenancy or responsibility for rent immediately; it only starts the process. The tenancy typically ends either when:

• You leave voluntarily by the notice date
• A tribunal issues an eviction order and your tenancy legally ends

Not paying rent after receiving a notice can increase what you owe and may affect your references for future tenancies.

The Role of the First-tier Tribunal for Scotland (Housing and Property Chamber)

If you do not leave by the notice date and your landlord continues with eviction, they must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This official tribunal reviews eviction applications for most tenancy types.

Understanding the End Date of Your Tenancy

Your tenancy only formally ends when:

• You move out voluntarily by the date in the notice
• The tribunal issues an eviction order, and your tenancy is terminated

You are legally responsible for paying rent up to your tenancy's official end date, even if a notice has been served.

Common Renter Questions Around Rent Payments and Eviction

• Will late or missed payments during notice period affect me? Yes, they could increase arrears and appear on your housing record.
• Can my landlord claim unpaid rent? Yes, your landlord can pursue unpaid rent as debt through separate legal action.
• What if I cannot afford rent during the notice period? Seek early advice from local councils or support services to discuss payment plans or financial support.

Official Forms and What They Mean for You

• Notice to Leave (PRT tenancies): Used to start the eviction process.
  • Example: If your landlord wants to end your tenancy because you are in arrears, they serve you a Notice to Leave. You must keep paying rent and can challenge the notice at the tribunal.
  • Official Notice to Leave (PRT) form and government guidance
• Notice of Proceedings (AT6 for assured/short assured tenancies):
  • Example: For older tenancy types, your landlord provides this form to start eviction for reasons like rent arrears. You continue to owe rent until the legal end date.
  • Notice of Proceedings (AT6) details

After the notice period, if you do not leave, your landlord must seek an eviction order via the Housing and Property Chamber. Official action and timelines are detailed under the Private Housing (Tenancies) (Scotland) Act 2016.¹

Action Steps if You Receive an Eviction Notice

• Check the notice is legally valid (correct date, reason, and form used)
• Continue to pay your rent until your tenancy legally ends
• Contact your landlord if you have payment difficulties—request a payment plan
• Consider seeking free advice from local council or Citizens Advice Scotland
• If you wish to challenge the eviction, respond promptly and prepare for a tribunal hearing

Keeping records of rent payments and all correspondence is crucial for protecting your rights throughout this process.

FAQs for Renters in Scotland About Eviction Notices and Rent

1. If my landlord gives me an eviction notice, do I have to move out immediately?
   No, you do not need to leave immediately. You have the right to remain until the notice period ends or, if the case moves to the tribunal, until an eviction order is issued.
2. Can my landlord increase the rent after serving an eviction notice?
   No, your landlord cannot increase the rent once an eviction notice has been served to end your tenancy for most tenancy types.¹
3. What happens to my deposit if evicted?
   Your deposit must be returned by the landlord unless deductions are justified for unpaid rent or damage. It should be held in an approved tenancy deposit scheme.
4. How do I challenge an eviction notice I think is unfair?
   You can apply to the Housing and Property Chamber to challenge the eviction and present your case.
5. Am I responsible for rent if I leave the property before the notice period ends?
   You may still be liable until your tenancy officially ends or unless an agreement in writing with your landlord releases you early.

Conclusion: Key Takeaways for Scottish Renters

• You remain responsible for rent until your tenancy is legally ended—even after receiving an eviction notice.
• Take action quickly: check the notice, seek advice, and maintain rent payments to protect your rights.
• The First-tier Tribunal for Scotland handles disputes or eviction orders if the process continues beyond the notice period.

If you are served with an eviction notice, staying informed and seeking support can make a real difference in safeguarding your housing situation and finances.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official tribunal for tenancy disputes, including eviction appeals
• Scottish Government: Eviction Notices Guidance
• Citizens Advice Scotland: Free, confidential advice on renting and eviction
• Shelter Scotland: Rental rights and support helpline
• Your local council: Contact for rent arrears support and homelessness prevention

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1. Private Housing (Tenancies) (Scotland) Act 2016 – Full Text

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