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Scotland

Payment of rent

This section discusses how and when rent is paid.

This content applies to Scotland

Paying rent

Rent is payable in arrears unless there is clear agreement otherwise and is payable for the same periods of the tenancy, ie weekly/ monthly. Rent is due on the morning of the day specified for payment but is not in arrears until midnight. [1] Where the day specified for rent payment falls on a bank holiday, it is due the following day. [2]

The tenant must make payment to the landlord. Payment by someone else must be authorised or subsequently ratified by her/him. The tenant is required to pay the rent at any place specified by the contract or seek out the landlord.

Strictly speaking payment should be in cash and should not be made by post unless the tenant is instructed to do so. However it is common practice for tenants to post rent cheques to their landlord. But if a payment is lost in the post, this is the tenant's responsibility and a landlord can refuse to accept payment by cheque.

Landlords normally recover arrears by seeking possession of the premises but they could raise an action for payment. For more information, please see the section on preventing eviction in rent arrears cases.

Rent books

Where an assured tenant pays rent weekly the landlord must provide a rent book. [3] This must state the name and address of the landlord and give prescribed information. [4] Failure to comply with this is an offence. [5]

Last updated: 29 December 2014

Footnotes

  • [1]

    Re Aspinall v Aspinall [1961] 2 All ER 751

  • [2]

    s.1 Banking and Financial Dealings Act 1971

  • [3]

    s.30(4) Housing (Scotland) Act 1988

  • [4]

    Assured Tenancies (Rent Book) (Scotland) Regulations SI 1988/2085

  • [5]

    s.30(6) Housing (Scotland) Act 1988