Help for Renters in Arrears in Scotland

If you’re renting in Scotland and have fallen behind on your rent, you may be feeling anxious about your future in your home. Scottish law provides important protections for tenants in arrears, and support is available if you’re struggling financially. This article explains your options, your rights, and the practical steps you can take to access help, avoid eviction, and resolve rent arrears safely.

Understanding Rent Arrears and Your Rights in Scotland

‘Rent arrears’ means rent that you owe but have not paid. If you fall into arrears, your landlord is allowed to seek repayment and, in some cases, can take legal steps to evict you. However, in Scotland, there are key legal protections for tenants, especially if you take action early and seek help.

Which Tenancy Types Are Covered?

• Most private renters in Scotland have a Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016.
• Social housing tenants (councils and housing associations) are usually covered by the Housing (Scotland) Act 2001.
• The rules and procedures can differ depending on your tenancy type, but all renters have basic rights and options for support and advice.

What Should You Do If You’re in Rent Arrears?

Taking prompt and honest action is crucial. Here’s what you can do:

• Contact Your Landlord: Let them know about your situation and ask if you can agree a repayment plan. Most landlords prefer regular small payments over no payment at all.
• Check What Benefits or Support You Qualify For: You may be entitled to Housing Benefit or the housing costs element of Universal Credit.
• Apply for a Discretionary Housing Payment (DHP): If your benefit doesn’t cover your full rent, DHP can top up the difference. Apply through your local council. See more at Discretionary Housing Payment guidance.
• Get Free Debt Advice: Organisations like Money Advice Scotland can help you manage your finances and negotiate with your landlord.

If Your Landlord Takes Action

• If you can’t resolve your arrears, your landlord can serve you with a Notice to Leave (PRT tenants) or a Notice of Proceedings (social tenants). These are legal forms that start the eviction process but do not mean you have to leave immediately.
• You have the right to challenge eviction through the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent body will decide if your landlord can evict you.

Important Forms for Renters Facing Arrears or Eviction

• Notice to Leave (Private Tenants): Used by private landlords to start the eviction process for Private Residential Tenancy. It must state the reason (such as rent arrears) and give the correct notice period.
  Example: If you have missed three months' rent, your landlord may issue you a Notice to Leave. You do not need to leave straight away – you have the right to stay until the tribunal makes a decision.
  Download Notice to Leave template (gov.scot)
• Notice of Proceedings (Social Tenants): Used by councils/housing associations to begin eviction proceedings if you are in arrears. The notice explains why they are applying to the tribunal for eviction.
  Example: If you are a social housing tenant and haven’t paid your rent, your landlord must serve a Notice of Proceedings before starting an eviction case.
  Find official Notice of Proceedings forms (gov.scot)
• Discretionary Housing Payment Application: Used to apply for extra help paying rent where your benefits don’t cover it. Apply through your local council with evidence of your income and rent.
  How to apply for a Discretionary Housing Payment

Which Tribunal Handles Rent Arrears and Eviction in Scotland?

The First-tier Tribunal for Scotland (Housing and Property Chamber) decides eviction cases and disputes involving rent arrears, repairs, and other tenancy matters.

What Happens at the Tribunal?

If your case goes to tribunal, you’ll have the chance to explain your circumstances and show what steps you’ve taken to pay off your arrears or get help. The tribunal considers:

• Whether you have significant rent arrears (usually three or more months)
• If you’re taking reasonable steps to repay what you owe
• The effect eviction would have on you and your household

Eviction is not automatic, especially if you can show you are making efforts to pay or have applied for help and support. The tribunal follows rules set out in the Private Housing (Tenancies) (Scotland) Act 2016 and, for social tenants, the Housing (Scotland) Act 2001.¹

How to Get Help With Rent Arrears: Step-by-Step

• Talk to your landlord about your arrears and try to set up a repayment plan.
• Check if you can claim Universal Credit or Housing Benefit.
• Apply for a Discretionary Housing Payment via your local council.
• Seek free, confidential advice from an organisation like Citizens Advice Scotland.
• If you receive any eviction notice or are called to the tribunal, get specialist advice immediately.

Acting early gives you the greatest chance of keeping your home and reducing stress.

Frequently Asked Questions

1. Can my landlord evict me for rent arrears without going to court?
   No. In Scotland, your landlord must always obtain an order from the First-tier Tribunal for Scotland (Housing and Property Chamber) before you can be evicted for arrears.
2. What notice does my landlord need to give me if I am behind on rent?
   Your landlord must serve a Notice to Leave (private tenant) or Notice of Proceedings (social tenant). The notice period varies but is usually 28 days for three or more months' arrears.
3. Can I stop an eviction if I start paying some of what I owe?
   Possibly. If you begin making repayments or can show you are applying for benefits or extra help, the tribunal may decide not to evict you.
4. What help is available if I can’t afford rent?
   You may be able to claim benefits, get a Discretionary Housing Payment, access local council emergency assistance, or receive free debt advice from services like Citizens Advice Scotland.
5. Does rent arrears affect my credit rating?
   If your arrears are subject to a court order or are unpaid and referred to debt collectors, it could impact your credit rating. Paying off arrears and communicating with your landlord can help minimise the risk.

Conclusion: Key Points for Renters in Scotland

• Scottish law gives important protections if you fall behind on rent; eviction is not automatic.
• Always act early: talk to your landlord, seek benefits, and get advice.
• You cannot be evicted without a tribunal order, and support is available to help you stay in your home.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – official body for tenancy disputes and eviction hearings.
• Scottish Government rent arrears advice – official guidance for social and private tenants.
• Citizens Advice Scotland – free local advice for tenants facing arrears, eviction, or benefits challenges.
• Discretionary Housing Payment – apply for emergency help with rent via your local council.
• Find your local council – for emergency funds or direct support in your area.

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1. Private Housing (Tenancies) (Scotland) Act 2016, Housing (Scotland) Act 2001, and official Scottish Government tenancy forms and guidance.

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