If you are a Scottish Secure Tenant your landlord can raise court against you for rent arrears. The landlord must first notify you of seeking possession by serving a Notice of Proceedings for Recovery of Possession (NPRP). The possession ground would be:
- Rent lawfully due has not been paid, or any other obligation of the tenancy has been broken.
If the court considers it reasonable to do so, an eviction order for rent arrears can be granted. Landlords of Scottish Secure Tenants seeking possession on the ground of rent arrears must also comply with pre-action requirements. These are to protect and support tenants in such as way as to have eviction as a last resort action.
Private tenants
If you are a tenant of a Private Landlord in Scotland the action for eviction will be raised with the Housing and Property Chamber First Tier Tribunal for Scotland.
If you have an Assured or Short Assured Tenancy the landlord would serve a Notice to Quit and a separate possession notice seeking recovery of the home on the basis of rent arrears using the following grounds:
- Three months rent arrears, or
- Persistent delay in paying rent, or
- Some rent unpaid
If you have a Private Residential Tenancy, the landlord would have to serve a Notice to Leave before seeking an eviction order. For rent arrears cases, this would be because;
- There have been arrears for at least three consecutive months and
- At least one month’s rent in total is owed on the day of the tribunal hearing.