For a private residential tenancy, the Scottish process requires meaningful efforts to resolve arrears before eviction action. Record what you have done and the tenant's response. Older tenancy types need their own notice and application check.
Establish the account and contact the tenant
- Reconcile rent due with bank, agent and benefit payments. Show the dates, amounts and running balance, and identify any disputed sum.
- Give the tenant clear information about the tenancy's rent terms, arrears, the ending process and sources of advice as part of the pre-action requirements.
- Ask for an explanation and any correction to the account. Record what was supplied and when, including communication adjustments needed for the tenant to respond.
Make reasonable efforts to agree payment
- Discuss a plan covering current rent and an affordable arrears contribution. Consider the tenant's circumstances and proposals rather than offering only an unmanageable lump sum.
- Review benefits delays and applications for support. Where appropriate, explore Universal Credit managed payments, noting that approval may leave a rent shortfall.
- Confirm the plan in writing, set a review date and record payments. If an instalment is missed, check why and whether a revised arrangement is realistic.
Prepare the case if resolution fails
- Keep evidence of engagement, advice information and consideration of the tenant's circumstances. A standard letter sent without follow-up may not show meaningful pre-action work.
- For the PRT rent-arrears ground, check the requirement concerning arrears over at least three consecutive months and the current notice rules. It is not simply the English three-month monetary threshold.
- The tribunal considers the facts and reasonableness, including relevant benefits issues. Keep the balance current and disclose payments received after notice.
Choose the application that matches the remedy
- Eviction and a civil payment order are separate applications. Use the Housing and Property Chamber guidance for the tenancy type; do not assume a generic sheriff-court small claim is the correct rent-arrears route.
- Check the Notice to Leave, service, required local-authority notification and application documents with an adviser where needed.
- If an order is granted, use the lawful enforcement process and check any debt protection affecting enforcement. Do not remove the tenant yourself.
Example: the tenant proposes a smaller instalment
A fictional tenant owes £1,200 and proposes £50 a month towards arrears while paying the current rent. The landlord should assess the proposal and circumstances, explain any concern and consider alternatives. Rejecting it solely because it is not immediate payment in full may leave an incomplete record of pre-action engagement.
What to do
- Give the tenant the rent terms, arrears breakdown and relevant advice information.
- Make reasonable efforts to agree a sustainable plan and review the response.
- Use the correct Notice to Leave and tribunal applications if formal action remains necessary.
Evidence to keep
- Tenancy, rent schedule, receipts and explanations for disputed entries.
- Pre-action information, payment proposals, follow-up and service records.
Sources and guidance
- What a private landlord must do about rent arrearsScottish Government · checked 20 October 2026
- Eviction under a private residential tenancyScottish Government · checked 20 October 2026
- Eviction and civil proceedings: questions and answersHousing and Property Chamber · checked 20 October 2026
- Forms and guidance for eviction and civil proceedingsHousing and Property Chamber · checked 20 October 2026
- Universal Credit: rented housing guide for landlordsDepartment for Work and Pensions · checked 20 October 2026