Stopping eviction for rent arrears
Being in rent arrears means that you have unpaid rent.
Your landlord cannot just tell you to leave. There's a strict legal process to evict you. They must:
give you a chance to repay the rent you owe
send you a valid notice before starting legal action
apply to a court or tribunal for an eviction order
Making an effort to pay back the rent you owe can help stop the eviction.
Getting an eviction notice does not mean you have to move out.
Your landlord can only make you leave by going to a court or tribunal. You can still stop the eviction if you show it's not reasonable to evict you.
What to do if you’re behind on rent
Get debt advice as soon as possible. An adviser can help you increase your income, reduce your costs, and make a repayment plan.
Check our advice on:
Contact your landlord
Do not ignore any emails or letters about your rent arrears. Write to your landlord to explain:
why you could not pay
what steps you’re taking to improve your situation
Use our letter 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:
Keep copies of any emails or letters you send and your landlord’s responses. This can help you to prove to a court or tribunal that you tried to solve the problem.
If you're disabled or have health problems
Tell your landlord if you've fallen behind on rent because of health problems or a disability. For example, if you've had to stop working for health reasons.
They must take this into account, and it could help you stop the eviction at court or tribunal.
Before getting an eviction notice
Your landlord must follow certain steps, called pre-action requirements. They must:
give you clear information about your tenancy terms, 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
consider your circumstances and any efforts you’ve made to repay the arrears
If your landlord does not take these steps, a court or tribunal should not agree to evict you. Your landlord might have to start the eviction process again.
Getting an 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.
The type of notice depends on your tenancy type. Choose your tenancy type to check which notice you should get.
Private residential tenancy
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
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.
Scottish secure tenancy
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.
You'll have less protection against eviction if you live with your landlord. You should still get reasonable notice before you have to move out.
If you get a court or tribunal letter
This means your landlord is taking legal action to try to evict you.
Get legal advice from a solicitor as soon as possible. To find a solicitor, check our list of legal services that can help with housing issues.
You might need to pay for a solicitor, but you could get legal help for free or at a lower cost.
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.
Going to court or tribunal
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.
The court or tribunal process can take several months, and you could still stop the eviction. The court or tribunal must:
check if your landlord has followed the correct legal process
look at all the facts of your case, including why you fell behind on rent, how much you owe and any actions you’ve taken to repay the arrears
decide if it’s reasonable to evict you based on your and your landlord’s circumstances
You or your representative will have a chance to explain why it’s not reasonable to evict you.
Show as much proof as you can. For example:
any letters, emails or texts you sent your landlord about the arrears
proof of why you could not afford your rent
bank statements or receipts to show repayments you’ve made
proof of any change to your circumstances that will help you pay back the arrears
letters from a GP or social work about health problems or disabilities that affect your ability to pay rent
Tell the tribunal how being evicted would affect you or your family. For example, if you have access needs that make it hard to find a suitable home.
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 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 your 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: 8 June 2025
Housing laws differ between Scotland and England.
This content applies to Scotland only.