Coronavirus and your home (Scotland)
Help with your mortgage
The Government had introduced temporary rules. This meant that while your mortgage lender could take you to court, no eviction action could be taken if you live in aTier 3 or Tier 4 area. Scotland moved out of the ''Tier' system on 9 August 2021, so the restrictions on repossession enforcement is no longer in place anywhere in the country.
The FCA guidance, which may have meant you could apply for a payment holiday, ended on 31st July 2021.
If you previously had a payment holiday which has ended and you can afford to make your mortgage payments again, do so. You will also need to contact your lender to discuss how you are going to catch up with the missed payments.
If you are finding it difficult to afford your mortgage payments, contact your lender as soon as possible to discuss your situation. Ask your lender what forbearance options are available and how they will affect your credit file. Your lender should provide support that is tailored to your circumstances. For example, this may include an agreement:
- to make reduced payments or no payments for a set period of time; or
- to change the term of your mortgage
If you have received possession claim forms, are being threatened with court action or need extra support, contact:
- Shelter Scotland on 0808 800 4444.
Information is also available on their website.
Help with your rent
The Housing and Property Chamber has rescheduled hearings that had previously been postponed due to coronavirus. If you had a case that had been postponed, you will be notified when you should attend the Tribunal.
The temporary ban on evictions has now ended. However, all mandatory grounds for eviction have become discretionary. This means that the tribunal can decide not to evict you if they wish.
If you are contacted by a sheriff officer who is threatening eviction, contact Shelter Scotland for help.
The Government has passed a temporary law to protect tenants in Scotland during coronavirus. In most cases, your landlord will now need to give you six months' notice before they can start legal action to evict you. These new rules will be in place until at least 31 March 2022. There are some exceptions, such as where a landlord is ending the tenancy due to antisocial and criminal behaviour, or because the landlord or their family need to move into the property. More information can be found at Shelter Scotland.
If you are a private tenant, new rules also came into force on 1 October 2020 which cover the process a landlord should follow if they are considering repossession action against you.
- Your landlord should provide you with clear information relating to the terms of the tenancy, the amount of arrears and your rights in relation to the repossession proceedings.
- Your landlord should try to agree a reasonable plan to with you. They should consider affordability, taking into account your personal and financial circumstances.
- You should be allowed time to consider and seek advice on any proposed payment plan.
- A full list of the pre-action requirements that your landlord now needs to follow can be found on the GOV.SCOT website.
To help with negotiations, SafeDeposits Scotland has a free resolution service. Either you or your landlord can approach them. Their aim is to try and stop tenants being evicted.
The Scottish Government have produced a private rented sector (PRS) tenant resource which has detailed information on dealing with rent arrears during the coronavirus pandemic.
If your landlord is unhelpful and you need more support, contact Shelter Scotland on 0808 800 4444.
If you claim Housing Benefit or Universal Credit with help towards housing costs, you may be able to claim a Discretionary Housing Payment. A Discretionary Housing Payment can give you extra money to pay towards your rent. You should be able to claim online. Check with your local council.
The Tenant Hardship Loan Fund
The Scottish Government fund offers interest-free loans to private and social sector tenants who are struggling to pay their rent because of the impact of coronavirus.
The fund can be used to cover up to a maximum of nine months of your rent costs. This can include:
- rent arrears that have built up since 1 January 2020; and
- up to three months future rent payments.
For more information and a link to the online application form, see GOV.SCOT.
Extra help from your council if you are at risk of eviction
Councils have been given extra funding to provide grants to tenants who have:
- fallen behind on their rent because of the pandemic; and
- are at risk of eviction.
The aim is to help you to reduce or pay off your rent arrears and to prevent homelessness. Grants may be available if you rent privately or through a social landlord, such as a local authority or housing association.
If you are at risk of eviction, contact your council directly for more information about how to apply for this help.
Any grant payment is separate to the Tenant Hardship Loan Fund and Discretionary Housing Payments.