Rent arrears are one of the situations a landlord might worry about most, and understandably so. But in Scotland there is a clear, defined process for dealing with them, and the single most important thing to understand is this: rushing toward eviction almost always backfires. The rules are strict, the First-tier Tribunal has real discretion, and a landlord who cuts corners can find an eviction refused even when the arrears are real.
Handled calmly and correctly, though, most arrears situations can be resolved, and where they cannot, you can still reach a clean, lawful outcome. Here is how to deal with rent arrears properly.
What counts as rent arrears?
Rent arrears simply means unpaid rent: the tenant has fallen behind with their rent payments and now owes money. It can start with a single late rent payment and build from there. Under a private residential tenancy, rent is due on the dates set out in the tenancy agreement, and any amount left unpaid after that date is technically in arrears. A one-off missed payment is not the same as persistent arrears, but either way, the sooner you act, the more options both you and the tenant have.
First, act early and keep talking
The best time to deal with arrears is the moment they start. Many arrears are temporary, a lost job, a delayed benefit payment, an unexpected bill, and a quiet, constructive conversation early on resolves far more cases than a legal notice ever will.
Contact your tenant as soon as possible after a payment is missed, find out what has happened, and keep the tone practical rather than confrontational. Crucially, keep a written record of every rent payment and every communication, with dates and amounts. Those records are your evidence if the situation ever reaches the Tribunal, and they show exactly how the rent arrears have built up.
When can you actually seek eviction?
You cannot begin eviction for arrears the moment a tenant is a few days late. The rent arrears ground (Ground 12 of the Private Housing (Tenancies) (Scotland) Act 2016) only becomes available once your tenant has been in rent arrears for three or more consecutive months.
Even then, eviction is not guaranteed. Since 1 October 2022, every eviction ground in Scotland, including rent arrears, is discretionary. That means the First-tier Tribunal for Scotland (Housing and Property Chamber) must decide whether it is reasonable to evict in each case. It will look closely at the circumstances of the tenant, and it is specifically not obliged to grant an eviction notice where the arrears are caused by a delay or failure in benefit payments such as Universal Credit or housing benefit. In short, having the ground is not the same as having the eviction order.
The pre-action protocol: what you must do first
This is the step landlords most often overlook, and it is not optional. Before you can seek an eviction order on rent arrears grounds, you must comply with the pre-action protocol, and the Tribunal will weigh how far you followed it when deciding whether eviction is reasonable.
In practical terms, you must give your tenant:
- the information their tenancy agreement contains about rent;
- a clear breakdown of the arrears, showing the amounts and the dates each payment was due;
- an explanation of the process for ending a tenancy, including the steps you are taking to try to avoid eviction;
- information on where they can get help and advice.
You must also make reasonable efforts to agree a repayment plan with the tenant, covering both the arrears and ongoing rent. Signposting the tenant to support genuinely helps here: they may be entitled to a Discretionary Housing Payment from the local council, and where they claim Universal Credit, the housing element can be paid directly to you as a managed payment, with deductions made toward the arrears. If a Universal Credit claim has been delayed, the tenant can also ask for an advance to stop the arrears building. Free services exist to help both sides reach agreement too, including a rent-arrears resolution service from SafeDeposits Scotland and mediation through the Property Redress Scheme, and the paperwork from these can serve as evidence that you followed the protocol.
The Scottish Government is explicit that the aim is to sustain the tenancy wherever possible and that eviction should be a last resort.
Serving a Notice to Leave
If matters cannot be resolved, the formal route begins with a Notice to Leave. Rent arrears is treated as a conduct ground, which means the notice period is 28 days. The notice must use the correct wording and clearly state the ground and the reasons it applies, and it informs the tenant that you intend to apply to the Tribunal.
One easily missed obligation: when you raise proceedings for possession, you must also notify the relevant local council, a requirement under Section 11 of the Homelessness etc. (Scotland) Act 2003. This helps the council step in early to prevent homelessness.
What a landlord must not do
It is worth being blunt about this. No matter how far behind the rent is, a landlord must never change the locks, remove the tenant’s belongings, cut off the gas, electricity or water, or harass or pressure the tenant into leaving. Doing any of these is an illegal eviction action, which is a criminal offence in Scotland, and it can leave the landlord facing prosecution and a hefty compensation claim, even where the arrears were genuine. The only lawful way to remove a tenant is a Notice to Leave followed, if necessary, by an eviction order from the Tribunal.
Going to the First-tier Tribunal
If the tenant does not leave by the end of the notice period, you must apply to the First-tier Tribunal for an eviction order, prove the arrears ground applies, and show that you followed the pre-action protocol. The Tribunal will call a case management discussion, and the landlord must follow every step of the procedure correctly.
The reassuring news for landlords who do things properly is that the process works. An analysis of 2021 Tribunal cases by the Scottish Association of Landlords found that of 423 eviction applications where the landlord had followed the correct procedure, 418 were granted and only 5 were refused on reasonableness grounds. The lesson is clear: the landlords who succeed are the ones who follow every step.
Can a tenant still be evicted if they clear the arrears?
This is one of the most common questions, and the answer is reassuring for tenants. Because the rent arrears ground depends on the tenant being in arrears of three or more consecutive months at the point the Tribunal considers the case, a tenant who pays off the arrears in full before the hearing usually removes the basis for eviction on that ground. Keeping paying your rent and clearing what you owe is therefore the strongest way for a tenant to stop an eviction for rent arrears.
For a landlord, it is a useful reminder that the real goal of the process is to recover the rent and sustain the tenancy, not to remove the tenant for its own sake. If the tenant clears the arrears and continues to pay rent then everyone is usually better off.
Recovering the money you are owed
Eviction and recovering the debt are two separate things. Alongside or instead of an eviction order, you can ask the Tribunal for a payment order requiring the tenant to pay the outstanding rent owed. Be realistic, though: recovering money from a tenant who is genuinely in financial difficulty can be slow, which is another reason early intervention and a workable repayment plan often serve you better than chasing a debt after the tenancy has ended.
Where a struggling tenant can get help
Arrears are stressful for tenants too, and a tenant who gets help early is far more likely to keep their home. A tenant behind on rent should contact their landlord as soon as possible, keep paying what they can, and seek free money and debt advice. Depending on their circumstances, the tenant may qualify for a Discretionary Housing Payment, and where they receive the housing element of Universal Credit it can be paid directly to the landlord to steady things. Shelter Scotland and Citizens Advice Scotland both offer free, confidential advice on rent arrears and tenant rights.
A tenant who is juggling several debts, not just rent, may also be able to use Scotland’s Debt Arrangement Scheme (DAS). This lets them set up a debt payment programme to repay what they owe at an affordable rate, with interest and charges frozen while they do. Rent arrears can be included in the programme or left out. One important point for both sides: a debt payment programme does not by itself stop a landlord seeking eviction for arrears, but it does show the tenant is taking real steps to repay, and the Tribunal can take it into account. A DAS-approved money adviser can set this up. As a landlord, pointing a struggling tenant toward this kind of help is often the fastest route to getting the rent back on track.
What is changing
Under the Housing (Scotland) Act 2025, the Tribunal will gain a specific duty to consider whether it would be reasonable to delay enforcing an eviction, taking into account factors such as the tenant’s financial hardship, health and disability. No commencement date has been set yet, but the direction of travel continues to favour sustaining tenancies and giving tenants in difficulty more time.
The calm approach usually wins
Arrears are stressful, but the pattern in Scotland is consistent: early, constructive engagement resolves most cases, and where it does not, following the process meticulously is what secures a clean outcome. Panic and shortcuts are what cost landlords time and money.
This is exactly the kind of situation we manage for our private landlords. At Western Lettings, we chase rent the moment it is late, intervene early and constructively, follow the pre-action protocol to the letter, keep the records that protect you, and manage the whole process through to the Tribunal if it ever needs to go that far, so a stressful situation is handled calmly and correctly on your behalf.
If you would like arrears handled properly, or want a managing agent who stays on top of rent for you, speak to one of our Glasgow lettings experts, or get an instant rental valuation to see what your property could achieve.
