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Rent arrears in Scotland

Falling behind with rent is frightening, but in Scotland your landlord has to take set steps before it can go to a tribunal or court. Acting early gives you the most options.

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If you fall behind with rent in Scotland, your landlord must take set steps to help you pay before it can start eviction action, and only a tribunal (for private tenants) or the sheriff court (for council and housing association tenants) can order you to leave. Rent arrears are a priority debt because your home is at stake, so it is worth acting early, even if you can only pay part of what you owe.

Had a notice to leave or a notice of proceedings? These start the eviction process, and the dates on them matter. Read can you be evicted for rent arrears?, and call Shelter Scotland’s housing advice helpline on 0808 800 4444 (Monday to Friday, 9am to 5pm).

What happens when you fall behind with rent?

Rent arrears build up from the day after a payment is due. Before any eviction action, your landlord has to give you clear information about what you owe (see below). If you get Universal Credit, a landlord can also ask the DWP to take money from your payment for the arrears. GOV.UK says you will be told when this happens and have 7 days to say whether you object. You can object if you owe less than 2 months’ rent and service charges, if you owe nothing, or if you are in a dispute with the landlord about repairs.

If you can, keep paying your current rent in full, plus something towards the arrears. Tell your landlord straight away if your income has dropped or a benefit payment has been delayed. A delay in Housing Benefit or the housing element of Universal Credit matters later on: for private tenants, the tribunal must consider it when deciding whether eviction is reasonable.

Your landlord can also take action for the money itself, separately from any eviction. mygov.scot says a private landlord can recover rent arrears at the housing tribunal. Any creditor with an order for payment can then use sheriff officers, the court officers who enforce debts in Scotland, to collect it.

What must a council or housing association do?

Most council and housing association tenants have a Scottish secure tenancy. Before a social landlord can serve a notice of proceedings for rent arrears, section 14A of the Housing (Scotland) Act 2001 says it must:

  • give you clear information about your tenancy agreement and what you owe
  • make reasonable efforts to give you advice and help on claiming Housing Benefit and other financial help
  • give you information about where to get debt advice
  • make reasonable efforts to agree a reasonable repayment plan with you
  • encourage you to contact your local council, if the landlord is a housing association

The landlord must not serve a notice of proceedings while:

  • a Housing Benefit claim is waiting for a decision and is likely to cover the arrears, or reduce them to an amount the landlord accepts
  • you are taking other steps that are likely to clear the arrears within a reasonable time
  • you are keeping to a repayment plan you agreed with the landlord

So agreeing a realistic plan with your landlord, and keeping to it, really matters. If the landlord does go to court, it has to confirm to the court that it followed these steps.

What must a private landlord do?

Private tenancies that started on or after 1 December 2017 are usually private residential tenancies. Before a private landlord applies to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order on the rent arrears ground, it must follow the pre-action requirements in the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020. Despite the name, they are still in force: the Coronavirus (Recovery and Reform) (Scotland) Act 2022 kept them going from 1 October 2022. The landlord must:

  • give you clear information about your tenancy agreement, how much you owe, your rights in eviction proceedings, and how to get advice about financial support and managing debt
  • make reasonable efforts to agree a reasonable plan with you to pay future rent and the arrears
  • reasonably consider any steps you are taking that may help you pay, how far you have kept to any plan, and any changes in your circumstances

The tribunal must take into account how far the landlord followed these steps. Older assured and short assured tenancies have the same pre-action requirements, but other parts of the eviction process are different. Shelter Scotland can tell you which rules apply to your tenancy.

How can you get help paying your rent?

  • Universal Credit housing element. If you are on a low income, Universal Credit can cover all or part of your rent. mygov.scot says new claims for Housing Benefit are now only possible if you have reached State Pension age or live in supported, sheltered or temporary housing.
  • Discretionary Housing Payment. If you get Housing Benefit or the housing element of Universal Credit and it does not cover your full rent, for example because of the bedroom tax or the benefit cap, you can ask your council for a Discretionary Housing Payment.
  • Scottish choices. In Scotland, you can ask for the housing costs in your Universal Credit to be paid straight to your landlord, and for your payment to be made twice a month instead of monthly. The Scottish Government calls these the Universal Credit Scottish choices.
  • Your other bills. Check you are getting any Council Tax Reduction you are due, and ask about the Scottish Welfare Fund if you are in crisis.

A benefits check from a free adviser can often find money you did not know you could claim.

Rent arrears on top of 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.

Start your enquiry

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.

Can rent arrears go into a debt solution?

The arrears can go into the formal Scottish debt solutions, but your current rent must always be paid as normal.

  • Debt Arrangement Scheme (DAS): mygov.scot says you can choose whether to include rent arrears in your debt payment programme. See the Debt Arrangement Scheme.
  • Protected trust deed: mygov.scot says rent arrears from before you sign can be included, but National Debtline points out that this may not stop a landlord taking eviction action over them. A trust deed also has fees, affects your credit rating for 6 years and puts your name on the public Register of Insolvencies. See your home and a trust deed for how rent is treated.
  • Sequestration (bankruptcy in Scotland) and informal plans are other routes, each with their own effects.

None of these is a way to keep your home on its own. The most direct protection is usually a repayment plan your landlord agrees to, plus any benefits you are entitled to. An adviser needs to look at your whole situation before you choose any formal option.

Where can you get free help?

  • Shelter Scotland: housing advice helpline 0808 800 4444, Monday to Friday, 9am to 5pm.
  • Citizens Advice Scotland: 0800 028 1456.
  • Your council: for Discretionary Housing Payments, and its homelessness service if you may lose your home.
  • Free debt advice: see where to get free debt advice for more services.

Official sources

Common questions

How many months of rent arrears before eviction in Scotland?

For a private residential tenancy, the rent arrears eviction ground needs you to have been in arrears for three or more months in a row, and the tribunal must still decide eviction is reasonable. For council and housing association tenants there is no set number of months, but the landlord must follow the pre-action requirements first and the sheriff court must also decide eviction is reasonable.

Can my landlord take rent arrears from my Universal Credit?

Yes, a landlord can ask for a deduction from your Universal Credit to pay rent or service charge arrears. GOV.UK says you will be told, and you then have 7 days to say whether you object. You can object if you owe less than 2 months' rent, if you owe nothing, or if you are in a dispute with the landlord about repairs.

What if my arrears are because my benefits were late?

Tell your landlord straight away and keep the letters or journal messages that show the delay. For a private residential tenancy, the tribunal must consider whether the arrears are wholly or partly caused by a delay or failure in paying Housing Benefit or the housing part of Universal Credit. For council and housing association tenants, the landlord must not serve a notice of proceedings while a Housing Benefit claim that is likely to cover the arrears is waiting for a decision.

Does a Discretionary Housing Payment have to be paid back?

mygov.scot describes Discretionary Housing Payments as help from your council towards housing costs for people getting Housing Benefit or the housing element of Universal Credit, for example if you are affected by the bedroom tax or the benefit cap. Your council will tell you how long an award lasts and may review it. Ask the council directly about any conditions on your award.

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