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Can you be evicted for rent arrears in Scotland?

You can be evicted for rent arrears in Scotland, but only through a tribunal or court, only after set steps, and only if it is reasonable. Here is how it works and what you can do.

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You can be evicted for rent arrears in Scotland, but only with an order from the First-tier Tribunal for Scotland (for private tenants) or the sheriff court (for council and housing association tenants), and only if the tribunal or court decides eviction is reasonable. Your landlord must follow set steps before starting, and cannot change the locks or force you out without that order.

Got an eviction notice or tribunal or court papers? Do not ignore them, and do not move out just because a notice has run out. Call Shelter Scotland’s housing advice helpline on 0808 800 4444 (Monday to Friday, 9am to 5pm), or get free debt advice straight away.

Can your landlord evict you without a tribunal or court?

No. For a private residential tenancy, only an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber) can end the tenancy if you do not agree to leave. For a Scottish secure tenancy with a council or housing association, the landlord needs an order from the sheriff court.

Under section 22 of the Rent (Scotland) Act 1984, it is a criminal offence for anyone to unlawfully deprive a residential occupier of their home, or to harass them to make them leave. If someone tries to lock you out, cuts off services or threatens you, contact Shelter Scotland or the police.

Private tenants: when can rent arrears be used to evict you?

Most private tenancies that began on or after 1 December 2017 are private residential tenancies. The rent arrears eviction ground (ground 12 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016) says the tribunal may find the ground applies only if:

  • you have been in rent arrears for three or more consecutive months, and
  • the tribunal is satisfied it is reasonable to issue an eviction order because of that.

When deciding what is reasonable, the tribunal must consider:

  • whether the arrears are wholly or partly because of a delay or failure in paying a benefit for your rent, such as Housing Benefit or the housing part of Universal Credit (unless the delay was your own fault)
  • how far your landlord followed the pre-action requirements: giving you clear information, trying to agree a reasonable repayment plan and considering your circumstances. See rent arrears in Scotland for the full list.

Until 1 October 2022, the tribunal had to grant eviction in some rent arrears cases. That part of the ground was repealed, so the tribunal now always has to weigh up whether eviction is reasonable.

The notice to leave

Your landlord must first give you a written notice to leave, stating the ground and the earliest date it can apply to the tribunal. It cannot apply before the notice period ends.

SituationNotice period
Rent arrears is the only ground given (or it is combined only with other grounds about the tenant’s conduct, such as anti-social behaviour), however long you have lived there28 days
You have lived there for 6 months or less, whatever the ground28 days
Another kind of ground is included, such as the landlord wanting to sell, and you have lived there more than 6 months84 days

The law assumes you receive the notice 48 hours after it is sent. The notice does not end your tenancy. If you stay, your landlord has to apply to the tribunal.

Council and housing association tenants: how does eviction work?

For a Scottish secure tenancy, the ground is that rent lawfully due has not been paid. Before going to court the landlord must:

  1. Follow the pre-action requirements in section 14A of the Housing (Scotland) Act 2001. It must not serve a notice while a Housing Benefit claim likely to cover the arrears is waiting for a decision, while you are taking steps likely to clear the arrears within a reasonable time, or while you are keeping to an agreed repayment plan.
  2. Serve a notice of proceedings on you and any qualifying occupiers (Shelter Scotland says it must be sent to everyone in your home aged over 16). It must give at least 4 weeks before court action can start, and it lapses 6 months after that date.
  3. Raise the action in the sheriff court, confirm to the court that it followed the pre-action requirements, and, if the landlord is a housing association, tell the council that it has done so.

The court can only grant an order if it is reasonable. It can also adjourn the case, with or without conditions about paying the rent and arrears. If an order is granted for rent arrears, the tenancy only ends if the landlord actually recovers possession within the period the court sets.

What does the tribunal or court look at?

Shelter Scotland says the tribunal or court looks at all the facts, including why you fell behind, how much you owe and what you have done to pay it back. It helps to:

  • write to your landlord explaining what happened and what you are doing about it, and keep copies
  • gather evidence: benefit letters or journal messages, bank statements, medical evidence and a budget
  • make a realistic offer to pay the arrears, and keep to it
  • respond to the papers and take part in the hearing. Shelter Scotland warns that if you do not, an eviction order is likely.

Private tenants’ first hearing is usually a case management discussion, often by phone. You can also ask the tribunal to delay an eviction if you need more time to move.

If an order is granted, it is carried out by sheriff officers, the officers of the court who enforce orders in Scotland. See sheriff officers: your rights.

Rent arrears alongside other debts? Tell us a little about your situation and a licensed insolvency practitioner firm will call you to go through every option, including ones that are not a trust deed.

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May not be suitable in all circumstances. Fees apply. Your credit rating may be affected. Free, impartial advice is available from MoneyHelper and other services.

What is changing under the Housing (Scotland) Act 2025?

The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025. It is being brought into force in stages. As at 10 September 2026:

ChangeStatus
Duty on the tribunal (private tenancies) and the sheriff court (Scottish secure tenancies) to consider whether it would be reasonable to delay an eviction, for example because of financial hardship, health, disability or a seasonal factor (sections 28 and 29)Not yet in force. When it is, it will apply to rent arrears cases
New pre-action requirement for social landlords where domestic abuse explains or partly explains rent arrears (section 56)Not yet in force
Scottish Government review of the eviction grounds for private residential tenancies, to be completed within two years of Royal Assent (section 33)In force from 1 April 2026. It is a review, not a change

So the rent arrears ground, the notice periods and the pre-action requirements described above are the current law. Check Shelter Scotland or mygov.scot for updates, as further commencement dates may be announced.

Where can you get help now?

  • Shelter Scotland housing advice helpline: 0808 800 4444, Monday to Friday, 9am to 5pm.
  • Citizens Advice Scotland: 0800 028 1456.
  • Your council’s homelessness service, if you think you may lose your home.
  • Free debt advice to deal with the arrears and any other debts: see where to get free debt advice.

If the stress is affecting your health, support if you are struggling lists services that can help.

Official sources

Common questions

How much notice does a private landlord have to give for rent arrears?

If rent arrears are the only reason given, the notice to leave must give you at least 28 days before your landlord can apply to the tribunal, however long you have lived there. If the landlord adds another kind of reason, such as wanting to sell, and you have lived there for more than six months, the period is 84 days. The notice is not an eviction order, and you do not have to leave on the date it gives.

Can I stop an eviction by paying off the arrears?

Paying off the arrears, or keeping to a realistic repayment plan, is one of the strongest things you can show a tribunal or court, because it must decide whether eviction is reasonable. For private tenancies, the rent arrears ground also needs you to have been in arrears for three or more months in a row. Tell the landlord and the tribunal or court what you have paid.

What happens if I do not go to the tribunal hearing?

Shelter Scotland warns that if you do not respond or take part, an eviction order is likely to be granted. Most first hearings are case management discussions held by phone. Taking part lets you explain why you fell behind, what you are doing about it and how eviction would affect you. Get advice before the date if you can.

Has the Housing (Scotland) Act 2025 changed eviction for rent arrears?

Not yet for rent arrears. The Act adds a duty on tribunals and courts to consider delaying an eviction, for example because of financial hardship, health or the time of year, and it would apply to rent arrears cases. As at 10 September 2026 those sections were not in force. The rent arrears ground and notice periods are unchanged.

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