What to Do If You Can’t Afford Rent in Scotland

Financial difficulties can happen to anyone, and if you’re struggling to pay your rent in Scotland, it’s important to know your rights and options. Scottish law offers certain protections and resources for renters who are unable to keep up with rent payments. This article provides a clear overview of steps you can take, available support, and what to expect from your landlord.

Your Rights and Responsibilities as a Renter

Even if you can’t afford your rent, you still have rights under the law. However, you are also responsible for communicating with your landlord and taking action quickly to avoid eviction.

• Don’t ignore the problem: Contact your landlord as soon as possible to explain your situation.
• You remain legally responsible for paying your rent on time, unless you agree otherwise with your landlord.
• Any arrears (missed rent payments) may lead to eviction if not resolved.

First Steps If You Can’t Pay Your Rent

If you’re unable to pay rent on time, being proactive makes a difference. Here are practical steps:

• Contact your landlord in writing – explain your situation and ask if you can agree a payment plan or reduced payments.
• Check if you’re eligible for Housing Benefit or Universal Credit housing costs.
• Seek help from your local council. Councils can offer financial help, such as a Discretionary Housing Payment if you are already claiming housing support.
• Get free, confidential advice from charities like Shelter Scotland or Citizens Advice Scotland for help negotiating with your landlord or accessing benefits.

Relevant Official Forms and Notices

• Notice to Leave – If your landlord wants to evict you for rent arrears, they must issue a legal document called a "Notice to Leave". This gives you a minimum notice period (usually 28 days for rent arrears under a Private Residential Tenancy, but longer in some circumstances).
  Example: If you have missed several rent payments, your landlord will give you a Notice to Leave before starting an eviction process. Notice to Leave form (Scottish Government).
• Notice of Proceedings (AT6) – For some older tenancy types (like Assured or Short Assured Tenancies), landlords give a Notice of Proceedings (AT6).
  Example: If you have an Assured Tenancy and fall behind in rent, you may receive an AT6 before any tribunal application. Model AT6 Notice (Scottish Government).

Possible Outcomes and Next Steps

Your landlord cannot evict you immediately. There is a formal legal process involving notice periods and the First-tier Tribunal for Scotland (Housing and Property Chamber). If you resolve your arrears during the notice period, your landlord may not proceed with eviction.

Eviction Process for Rent Arrears

If you are unable to pay the arrears and your landlord decides to act, the process is as follows:

• Step 1: Your landlord serves the correct notice (Notice to Leave or AT6, depending on your tenancy type).
• Step 2: If you do not pay or move out, the landlord applies to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
• Step 3: The Tribunal will consider your case. You will have a chance to explain your circumstances and provide evidence of your financial situation.
• Step 4: If the Tribunal grants an eviction order, only Sheriff Officers (not your landlord) can legally evict you.

You can challenge the eviction if you have made reasonable attempts to pay or if you can prove a serious hardship. Always attend your Tribunal hearing, or submit written evidence if you cannot attend.

Financial Support and Debt Advice

There are several support options for renters facing financial hardship:

• Application for Discretionary Housing Payment if you already claim Housing Benefit or Universal Credit.
• Speak to Shelter Scotland or Citizens Advice Scotland for specialist housing and debt advice.
• Review your eligibility for housing support or emergency funds through your local council.
• If your income or circumstances have changed, update your Universal Credit or Housing Benefit claim as soon as possible.

If you owe other debts, Money Scotland offers support with budgeting and managing money.

Relevant Tenancy Legislation

• Private tenants’ rights, arrears, and eviction are governed by the Private Housing (Tenancies) (Scotland) Act 2016.
• Assured Tenancies are covered by the Housing (Scotland) Act 1988.

1. What support is available if I can’t pay my rent in Scotland?
   You may be eligible for Housing Benefit, Universal Credit, or a Discretionary Housing Payment. Contact your local council and seek free advice from Shelter Scotland or Citizens Advice.
2. Will my landlord evict me straight away if I miss rent?
   No, your landlord must follow a strict notice process and apply to the First-tier Tribunal for Scotland. This gives you time to seek help or pay off the arrears.
3. Can I challenge an eviction for rent arrears?
   Yes. You can challenge an eviction by providing evidence at the Tribunal showing efforts to pay, a change in financial circumstances, or that eviction would cause serious hardship.
4. What is a Notice to Leave?
   A Notice to Leave is the official legal form your landlord must use to begin eviction for rent arrears under a Private Residential Tenancy. It sets out the grounds and notice period required.
5. Where can I get debt and benefit advice?
   Contact Shelter Scotland, Citizens Advice Scotland, or your local council for free debt and housing support.

Key Takeaways

• Act quickly—contact your landlord and seek help as soon as you’re struggling to pay rent.
• There are legal protections, notice periods, and opportunities to challenge eviction for rent arrears.
• Use official support—from your council, Shelter, or Citizens Advice—to manage rent arrears and avoid eviction where possible.

Need Help? Resources for Renters

• mygov.scot – Housing and tenants’ rights
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland Free Helpline: 0808 800 4444
• Citizens Advice Scotland
• Money Scotland Advice

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Notice to Leave Form (Scottish Government)
5. Model AT6 Notice (Scottish Government)
6. Discretionary Housing Payment – mygov.scot

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