Rent arrears because of abuse

If someone is controlling your money without your consent, this is a form of abuse. It is sometimes called economic abuse or financial abuse.

You can get help if someone is:

• spending the money meant for rent and bills

• taking your income from work or benefits

• building up debt in your name

• threatening you or harassing you

If you or your family are in immediate danger, contact the police on 999.

Getting support for domestic abuse

If your partner is controlling your money and finances against your will, this is domestic abuse.

Anyone can experience domestic abuse, including women, men and non-binary people.

There are specialist services that can help you with:

• finding a refuge or women’s shelter

• staying safe at home

• how to handle money

• separation and divorce

• issues involving your children

• how to report abuse to the police

Check our advice on finding a safe place to stay and where to get help.

Leaving home urgently

If you’re in danger, call the police on 999.

You can get emergency help and a safe place to stay from the council if you’re at risk of domestic abuse.

Find the council homeless team’s contact details.

Get help with rent arrears

Get debt advice as soon as possible. You can get help to increase your income, reduce your costs, and make a repayment plan.

Check our advice on:

• dealing with rent arrears

• getting debt advice

If you’re being evicted

Your landlord or letting agent cannot just tell you to leave. They must:

• give you a valid eviction notice in writing

• apply to the court or tribunal for an eviction order if you do not move out

Your eviction notice must tell you the reason. This is called a ground for eviction. The amount of notice you should get depends on the ground.

You can try to stop or delay the eviction by negotiating with your landlord or defending yourself in court or tribunal.

Check our advice on:

• eviction from a private tenancy

• eviction from a council house

Going to court or tribunal

If your rent was not paid because of domestic abuse, this can be difficult to prove. However the court or tribunal can only agree to evict you if it is reasonable.

If arrears are due to abuse, a solicitor can help you argue that the eviction is not reasonable.

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 try getting legal help for free or at a lower cost.

Get as much proof as you can as to why the rent was not paid and how you’ve tried to resolve it. For example:

• any letters, emails or texts you sent your landlord about the arrears

• letters from your GP or other health professionals

• proof of money going out of your account for 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 support organisations you’ve been in touch with

Check our advice on stopping eviction for rent arrears.

Getting homeless help

You can make a homeless application if you have nowhere safe to live. You do not have to be living on the streets to be homeless.

You can go to any council in Scotland to make a homeless application. They must:

• offer you temporary accommodation as soon as you need it

• help you secure your belongings so they are not at risk of being lost or damaged

If they refuse, contact a Shelter Scotland adviser.

The homeless team at the council cannot:

• contact the abuser or anyone helping them

• insist you get evidence from police

• refuse to help because you do not have a local connection to the area

• tell you you’re intentionally homeless without looking into your situation

The council must give you a written decision with a right to appeal it.

Tell the council if the money for the rent was being spent elsewhere or kept without your knowledge or control.

You should not be told you’re intentionally homeless if you were evicted for rent arrears because of domestic abuse.

Check our advice on making a homeless application with the council.

If you’re not a British or Irish citizen

Your rights to homeless help may be different. Check our advice on how your immigration status affects your housing options.

Ending a tenancy

If you want to end your tenancy, you need to give the correct notice for your tenancy type.

Check our advice on:

• ending your tenancy

• breaking up if you have a joint tenancy