As a tenant there are steps you can take to prevent the situation from escalating and result in you potentially facing possible eviction because of rent arrears.

• Take action right away: You have a responsibility as a tenant to pay your rent on time. However, circumstances can change your ability to pay part or all of the rent. If this happens to you – it is important to seek advice as early as possible.

• Talk to your landlord: If you are unable to pay all or part your rent, it is best to try and talk to your landlord first and to see whether a repayment scheme can be agreed. This may avoid the situation escalating to court proceedings for eviction and give you more time to try and come up with a solution as to how you are going to meet your regular rental payments.

• Budget: Make sure that paying rent is a top priority. Get a debt advisor to help you prioritise your outgoings and make savings where possible. There may also be ways for you to increase your income. You may be entitled to housing benefit to help you pay rent. There are various local organisations in Fife who may be able to help you confirm your entitlements to benefits.    

My landlord is threatening to evict me. Where do I stand?

• Landlords (whether private or council) have to follow certain procedures before they can legally evict a tenant.

• All tenants are entitled to notice in writing from their landlord where they are being evicted. The type of notices and time periods that apply will depend on what type of tenancy you hold.

Overview of Eviction Process

1.      Notice of Proceedings

• Your landlord can start legal proceedings by sending you (and anyone over the age of 16 living in the house) a Notice of Proceedings. This will tell you that the landlord wishes to obtain a court order for eviction, the court date (must be at least 4 weeks away) and the reasons for eviction.

• If you get a notice of proceedings – take action! At this stage, you will be aware of the grounds of eviction and can either challenge them or talk to your landlord about resolving them. It is very important that you do not ignore any notice of proceedings and seek advice on the matter before it escalates out of your control.

2.      Summons

• If the issues raised in the Notice of Proceedings cannot be resolved between you and your landlord, the landlord may then continue with legal proceedings and you may receive a Summons letter from the Sheriff court. This letter will notify you of the court Hearing which will consider whether a court order should be given for your eviction. It will also ask you whether you are intending to defend the action. If you receive a Summons and are unsure what to do about it you should always seek legal advice.

3.      Going to Court

• If you receive a Summons, it is important that you attend court on the Hearing date or arrange for a solicitor to appear on your behalf at the court.

• Again it is very important not to ignore the summons. If you fail to turn up at court then a court order (decree) for eviction could be granted in favour of your landlord.

• In certain circumstances you may be able to apply to the court to recall the decree in order to get your case heard again. However, you can only do this once and if you miss the court hearing again – you will lose the opportunity to defend yourself in court.

4.      The Decision of the Court

• The court at the hearing can pass down any of the following decisions:

• Continue the case – this means that the Sheriff has decided to hear the case again at a future date and has not given a final decision. This may allow you time to pay outstanding arrears, arrange your housing benefits or gather more evidence in support of your case. 

• Dismiss the case – this means that the Sheriff is satisfied that there is no case to hear. This could be because the landlord did not follow procedural guidelines in the eviction process, an arrangement has been reached or arrears have been paid.

•  Sist the case – this means that the Sheriff has decided to suspend/freeze the case but it is open for the court to hear it at a later date. This option may be used if an arrangement between yourself and the landlord has been reached which is conditional on you meeting your obligations under that arrangement. For example evidence of keeping to a repayment plan or developing a record of good behaviour may freeze eviction proceedings.

• Grant decree – this means that the Sheriff gives the landlord a court order granting eviction. The Sheriff could also order you to pay any outstanding debts owed to the landlord and to pay their legal expenses. Notwithstanding this, there may be an opportunity of appeal and you may wish to contact the Law Centre or seek alternative independent legal advice in order to confirm your options.  

Please note that the information above is intended only as a guide and for specific advice on any of the above or related matters we would always recommend that you seek independent legal advice.