Arrears and Scottish secure tenants

Where a landlord wishes to recover possession from a Scottish secure tenant, there are particular steps that must be taken.

This content applies to Scotland

Court orders 

If the repossession action is because the tenant has rent arrears and does not want to leave, the landlord can only terminate the tenancy by getting a court order. [1] The court can only make an order for repossession on one of the grounds set out in the Housing (Scotland) Act 2001. [2] The landlord has no power to extend the grounds on which s/he may seek to repossess the tenancy from those under the Act. [3]

Rent arrears ground in Scottish secure tenancy

Under the Scottish secure tenancy regime the court may order recovery of possession where 'rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken'. [4]

The court must also be satisfied that it is reasonable to make the order. [5]

For more information on the procedural requirements if a landlord is seeking possession of a Scottish secure tenancy, please see the section on Scottish secure tenancies.

Last updated: 29 December 2014

Footnotes

  • [1]

    s.12(1)(a) Housing (Scotland) Act 2001

  • [2]

    sch.2 Housing (Scotland) Act 2001

  • [3]

    s.12(1) Housing (Scotland) Act 2001

  • [4]

    ground 1 sch.2 Housing (Scotland) Act 2001

  • [5]

    s.16(2)(a)(ii) Housing (Scotland) Act 2001