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Site updated:

12 February 2012

I have received a claim for possession from the Sheriff Court because I have not paid my rent. What can I do?

This information applies to Scotland

If you do not pay your rent, the landlord has a legal right to ask a court to evict you. If you have received a claim for possession and want to try and stay in your home then you must act quickly. If you cannot afford to pay your rent because you have a low income, you may be able to get some help with the payments by claiming housing benefit. If you can afford to pay your rent and pay a little extra towards any arrears you should talk to your landlord. The landlord may be willing to make an agreement with you and stop the court action. It is important that you keep to the agreed payments.

If the landlord will not accept your offer or you cannot keep to the payments, then you may need specialist advice. To search for details of your nearest CAB, including those that give advice by email, click on (New window) nearest CAB.

If the landlord will not agree to accept your payments, then you should reply to the claim and attend the court hearing. If you can make a reasonable offer of payment, the court may accept it and allow you to stay in your home. If the court does not agree to your offer, you will be given a date when you will have to leave your home. The costs of the court hearing will also be added to the rent that you owe the landlord.

For more information on problems with rent, see Common problems with renting.
For more information about housing benefit and other help with rent, see Help with your rent - housing benefit.

 

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