Rent Arrears Eviction Scotland: Pre-Action Requirements Explained

Rent arrears is the most procedurally demanding ground for eviction in Scotland. Ground 12 under the Private Housing (Tenancies) (Scotland) Act 2016 requires the tenant to owe at least three consecutive months' rent — but proving the debt is only half the battle. Before you can serve a notice to leave, you must complete a four-step pre-action requirements protocol. Skip any step and the tribunal will dismiss or adjourn your application.

The Three-Month Threshold

Ground 12 applies when the tenant has been in arrears for three or more consecutive months. "Consecutive" matters — sporadic missed payments that don't form a continuous three-month run don't qualify.

Keep a complete rent ledger from the start of the tenancy: date each payment was due, the amount due, the amount received, the date received, and the running balance. This ledger is your primary evidence at the tribunal.

The Four Pre-Action Requirements

The Pre-Action Requirements (PAR) were placed on a permanent statutory footing by Section 46 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022. The tribunal must assess your compliance with each step before deciding whether eviction is reasonable.

Step 1: Written Arrears Statement

Send the tenant a clear written statement setting out:

• The exact arrears balance
• The dates rent was due and unpaid
• The full payment history
• The tenant's obligations under the PRT agreement

This must be in writing. Keep a copy of the statement and evidence that you sent it.

Step 2: Signpost to Free Advice

Actively direct the tenant to free, independent debt and housing advice services. Name specific organisations:

• Citizens Advice Scotland
• Money Advice Scotland
• The local authority's housing support team
• StepChange (national debt charity)

Include contact details. A generic "seek advice" line isn't enough — you need to show you pointed the tenant to actual services.

Step 3: Negotiate a Repayment Plan

Make a documented, reasonable effort to agree a repayment plan. This means engaging with the tenant's financial situation and proposing something affordable — not just demanding the full balance immediately.

Keep copies of every letter, email, and text related to the negotiation. If the tenant ignores your attempts, document that too. The tribunal wants to see that you tried, not that you succeeded.

Step 4: Check for Benefit Delays

Establish whether the tenant has an active claim for Universal Credit or Housing Benefit. If the arrears are caused by government processing delays rather than the tenant's own failure to pay, the tribunal will factor that into its reasonableness assessment.

Ask the tenant directly whether they've applied for housing support and whether there's a pending claim. Record their response (or their failure to respond).

Serving the Notice to Leave

Once you've completed all four PAR steps, you can serve a notice to leave citing Ground 12. The notice period is 28 days regardless of tenancy duration — Ground 12 falls in the conduct/breach category.

Add the 48-hour postal allowance if you're sending by recorded delivery.

At the Tribunal

The tribunal evaluates two things separately:

1. Did the landlord satisfy the pre-action requirements? If not, the case is dismissed or adjourned.
2. Is eviction reasonable? Even with PAR complete and three months' arrears proven, the tribunal weighs the tenant's circumstances — benefits delays, health issues, children, ability to pay going forward.

Ground 12 is discretionary. The tribunal can refuse eviction even where arrears are substantial, particularly if the tenant has started paying or has a realistic repayment plan.

Building Your Evidence File

For a Ground 12 application, your Form E package should include:

• Complete rent ledger
• Copies of every PAR communication (arrears statements, advice signposting letters, repayment plan correspondence)
• Evidence of benefit status enquiry
• The notice to leave and proof of service
• The PRT agreement

The more systematic your records, the stronger your case. Tribunals regularly dismiss applications where the landlord can't demonstrate each PAR step with documentary evidence.

The Notice to Leave in Scotland guide includes a PAR compliance log template and the full Ground 12 process from first arrears letter through to tribunal application.

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