Stopping eviction for rent arrears
Being in rent arrears means that you have unpaid rent.
Your landlord cannot just tell you to leave. To evict you, they must:
send you information and give you a chance to repay the rent you owe
send you a valid notice that says they're starting eviction action - this cannot be a text
get an eviction order from a court or tribunal
If you show you’re making an effort to pay back the rent you owe, this can help stop the eviction.
The eviction rules apply if you rent from a private landlord, letting agent, council, or housing association.
You'll have less protection against eviction if you live with your landlord.
Take steps to deal with your rent arrears
To avoid eviction, prioritise paying your rent over any other debts you have. Do not ignore any letters you get about your rent arrears.
Get debt advice as soon as possible. A debt adviser could help you:
check you’re getting all the benefits you’re entitled to
make a budget and reduce your costs
work out how much you can afford to pay back each month
propose a repayment plan to your landlord
negotiate with your landlord and anyone else you owe money to
Check our advice on dealing with rent arrears.
Write to your landlord
Tell your landlord that you want to deal with the arrears. Explain why you’ve fallen behind on rent and what steps you’re taking to improve your situation.
Keep copies of any emails or letters between you and your landlord. This can help you prove to a court or tribunal that you tried to solve the problem.
Use this template to write to your landlord. Copy and paste the sample text and personalise it with your details.
Template: contact your landlord about rent arrears
Subject: taking steps to deal with my rent arrears
I’m writing to you about the rent that I owe.
I’ve experienced financial difficulties because <explain why you could not pay>.
I'm taking steps to improve my situation, including <example: applying for benefits / actively seeking work / getting debt advice>.
I intend to start paying back the arrears as soon as possible, and I will contact you about making repayments when I can.
Please respond in writing to confirm that you've received this letter.
Thank you,
<your name>
You can also send the letter as an email attachment or through the post:
What your landlord must do before eviction
There's a strict legal process to evict you for rent arrears. If they try to make you leave without following these steps, it could be an illegal eviction.
Step 1: Give you time and advice to pay back the arrears
Before sending you a notice, your landlord must follow certain steps, called pre-action requirements. They must:
give you clear information about the terms of your tenancy agreement, how much rent you owe, and your eviction rights
tell you where you can get advice about money and help with managing your debts
try to agree on a payment plan with you
Your landlord should not start eviction action before considering:
any action you’re taking which could help you pay off your arrears in a reasonable time
if you’re sticking to the terms of any agreed repayment plan
any changes to your circumstances that will affect your ability to make repayments
If you rent from a housing association, they should also make you aware of how your council can help.
Step 2: Send you a legally valid eviction notice
To start eviction action, your landlord must send you a written notice in a specific legal format.
A text message is not valid notice.
You do not have to leave by the deadline on your notice. The notice tells you how long your landlord must wait before applying to the tribunal or court.
The type of notice depends on your tenancy type. Choose your tenancy type to check which notice you should get.
Private residential tenancy – notice to leave
You'll have this tenancy if you rent from a private landlord or letting agent, and you moved in on or after 1 December 2017.
Your landlord can use rent arrears as a ground for eviction if you’ve had any unpaid rent for at least 3 months in a row.
They must give you a legal document called a notice to leave. This must give you at least 4 weeks notice before they can apply to the tribunal.
See an example of a notice to leave (PDF, 229 kb).
An eviction notice may not be valid if:
it's not written on the official form
it does not include a valid eviction ground
the date written in part 4 is less than 4 weeks away
Assured or short assured tenancy – notice to quit and AT6 or section 33
You may have one of these tenancy types if you rent from a private landlord or letting agent, and you moved in before 1 December 2017.
Your landlord must give you 2 notices:
a notice to quit
either an AT6 form or a section 33 notice
If they use an AT6 form, it should tell you which eviction ground they're using. This can be:
ground 11 if you’ve repeatedly been late in paying your rent
ground 12 if you have any amount of rent unpaid
If you have a short assured tenancy, your landlord can use a section 33 notice to end your tenancy at the end of your fixed term. In this case, they do not need an eviction ground.
Check our advice on eviction from an assured or short assured tenancy.
Council or a housing association tenancy – notice of proceedings
You'll usually have a Scottish secure tenancy if you rent from the council or a housing association.
Your landlord must send you a notice of proceedings. To be valid, it must:
give you at least 4 weeks' notice before your landlord can apply to court
be sent to everyone in your home aged over 16
say what eviction ground is being used
If you have a short Scottish secure tenancy, your landlord can evict you without a reason at the end of your fixed term. They must send you a notice of possession with at least 2 months' notice.
Step 3: Go to court or tribunal for an eviction order
Your landlord can only make you leave by going to a court or tribunal. This process can take several months.
The court or tribunal will check if your landlord has followed the legal process and decide if it’s reasonable to evict you.
It's free to go to court or tribunal. Your landlord can only charge you for the rent you owe, and any reasonable fees for late rent payments.
Step 4: Employ sheriff officers to evict you
If an eviction order is granted, you can be given a letter called a charge for removal. This says when you must leave the property.
If you do not move out, your landlord can ask sheriff officers to remove you from the property.
If you’ve been sent a court or tribunal letter
Get legal advice from a solicitor as soon as possible. Ask them to represent you at the court or tribunal.
To find a solicitor, check our list of legal services that can help with housing issues.
If you cannot get a solicitor in time, you should still attend your court or tribunal date. You can ask for the case to be delayed so that you can get representation.
What the court or tribunal must consider
To decide if it’s reasonable to evict you, the court or tribunal must consider all the facts of your case, including:
how much rent you owe
why you got into rent arrears
actions you’ve taken to repay the arrears
changes to your circumstances, such as getting more benefits or starting a job
if you’ve agreed on a repayment plan
if you’ve stuck to any repayments you agreed
how long you’ve lived there and how being evicted would affect you
Showing that the eviction is not reasonable
You or your representative will have a chance to explain why it’s not reasonable to evict you.
Give evidence, such as:
proof of why you fell behind on rent, such as losing your job or delays to benefits payments
any letters or emails you sent your landlord about repaying the arrears
bank statements or receipts to show repayments you’ve made
your budget if it shows you can afford to keep making the repayments
letters from your GP if you’re disabled or have health problems
letters from debt advisers, social workers or any other agencies that support you
If you rent privately, the tribunal should also ask your landlord for proof of their circumstances and why they think it's reasonable to evict you.
Get more advice on:
Check your housing options
If you rent privately but you cannot afford your rent, you could try to find a more affordable home by:
If you have rent arrears that add up to more than 1 month’s rent, you can be suspended from social housing lists, which means you will not be offered a social home.
The suspension should end if all of these apply:
you’ve agreed to a repayment plan with your landlord
you’ve been making the agreed payments for at least 3 months
you’re continuing to make payments
Get homeless help from the council
If an eviction order has been granted and you no longer have the right to stay in your home, you're legally homeless. This is even if you can stay with family or friends. You do not have to be living on the streets to be homeless.
Check our advice on making a homeless application.
If you’re not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.
If the council says you're intentionally homeless
This means they think you became homeless because of your own actions.
The council must still take a homeless application and give you temporary accommodation while they look into your situation.
They should take all the circumstances into account. You should not be found intentionally homeless if you were evicted for reasons outside of your control. For example, if you could not afford your rent because you lost your job.
Tell the council why you could not avoid getting into rent arrears, and any steps you took to deal with the arrears. Show them proof if you can, for example:
letters or emails to your landlord that show you tried to repay the arrears
a budget that shows your income and costs
letters from a debt adviser
Even if the council gives you an intentionally homeless decision, they must:
offer you advice and practical help with your housing options
give you a reasonable amount of time to find another home before they ask you to leave temporary accommodation
You can appeal an intentionally homeless decision if you think it's wrong.
Check our advice on getting an intentionally homeless decision.
Last updated: 17 February 2025
Housing laws differ between Scotland and England.
This content applies to Scotland only.