How can I recover rent arrears from a tenant?

Does your tenant fail to pay on time? Are they in rental arrears? We can help. Contact us today for expert advice from our Landlord Lawyers in Glasgow & Aberdeen.

Can I evict a tenant for non payment of arrears?

If the tenant is in arrears for three consecutive months, you may be able to evict them, however there is a notice period of 28 days which applies.

To evict a tenant for non payment of arrears you must serve a “Notice to Leave”.

Where rental arrears are an issue, you also require to follow the “pre-action protocol”. This means you have to give certain information to the tenant. This includes:

• The terms of the tenancy agreement

• The total amount of the arrears

• The tenants rights

• How the tenant can access information and advice on financial support and debt management

You must also make reasonable to agree a payment plan. There is no legal definition of what is reasonable. This depends on the circumstances of the case. You should keep detailed records of any efforts you or your letting agent make to agree such a payment plan.

Tenant not paying rent in Scotland?

Once the notice period has expired and you are ready to raise an application to the Tribunal, you are required to prepare and submit a Section 11 Homelessness Notice to the local authority in which the property is located. 

Once you have completed all of the pre-litigation requirements, you need to complete additional paperwork in order to have the tenant evicted and reclaim the rent arrears.

The necessary paperwork is:

• Form E

• Form F

• The Tenancy Agreement

• The Rental Statement showing the accrued arrears

• Any paperwork or evidence which shows any steps you have taken to recover the arrears.

You must also provide copies of the Notice to Leave and proof of service, a copy of the Homelessness Notice, and proof of sending it to the local authority and finally, any other relevant information which you might have in writing which would support your request for eviction and recovery of arrears.

How long does it take to evict a tenant for non payment of rent?

It can take around one month after submission of the application to the Tribunal, to receive a notification of a ‘Case Management Discussion’.  Typically the Case Management Discussion should take place 8-12 weeks after that date.

Even if an eviction is granted, you cannot remove the tenant there and then. An Order for Eviction will be granted which can then be enforced by Sheriff Officers if necessary.

What if my Tenant is repaying the arrears?

If the tenant is repaying the arrears then it can be difficult to persuade the tribunal to evict them in that situation.

If the tenant has accrued further arrears since the Notice to Leave was served then you are in a stronger position to evict that tenant.

Landlord Legal Advice Scotland

If you are a landlord with a tenant who isn’t repaying their rent or has run into arrears, contact us today. .