Pre-action protocols and seeking repossession of private rented housing on rent arrears grounds

Introduction

Purpose of this guidance

The guidance supports private landlords to meet the requirements of the Coronavirus (Recovery and Reform) (Scotland) Act, which came into force on 1 October 2022. 

It sets out the steps a landlord can take to meet the pre-action protocols before taking a case to the Tribunal on the grounds of rent arrears

Where landlords use letting agents, these requirements would still apply, though the letting agent may carry out the pre-action protocols on the landlord’s behalf.

The approaches outlined in the guidance are intended to help landlords and tenants to work together to sustain tenancies, helping to make sure that tenants can stay in their homes and landlords benefit from long term, successful tenancies.

The guidance may also be used by the First Tier Tribunal (Housing & Property Chamber) when considering whether a landlord has complied with the pre-action protocols when determining a repossession application.

The approach outlined in the guidance is intended to:

• minimise the need for eviction by ensuring landlords and tenants work together to manage rent arrears to avoid the need for eviction
• formalise good practice that many landlords are already adopting. Scottish Association of Landlords 'show how to be kind' campaign, gives some examples
• provide landlords with a clear understanding of the steps they should take before considering an eviction of a tenant
• help landlords understand how they can support tenants to sustain their tenancies
• help landlords understand the steps they should take to meet the pre-action requirements
• give clarity to tenants on what to expect from their landlord

If there are any queries on this guidance, please email: PRSTenancies@gov.scot