Updating post from Reddit.
I have tenants in Scotland who are in heavy rent arrears. I have given them a payment plan and exhausted all of my patience, but now they have started a false legal proceeding against me. I'm at the end of my tether and want the arrears and them out. As per, the Scottish govenment gives zero advice to landlords, so trying to navigate the First Tier Tribunal page seems to be impossible. Any advice on how to apply to court for them to pay arrears would be greatly appreciated
go straight to a solicitor... their costs are nothing compared to getting it wrong and having the tenants longer than you have to....
I've had good experience using landlord action, but not sure they are in Scotland.
On the Housing and Property Chamber website, go to the Apply to the Tribunal page, scroll down to Forms and Guidance - Evictions and Civil Proceedings, then select Form E (Eviction Applications) and Form F (Civil Proceedings Application). Form F is the claim for money owed. There are guidance notes with each form.
Once you get started it’s not too bad but the process takes a while. No requirement for a solicitor and the process is completely free.
Perfect. Thank you for your help
Be prepared for the process to take approximately six months, during which you may not receive any further rent, and for the Tribunal not to be able to force your tenant to pay rent. It will be up to you to find a way to get the money you are owed back, they'll only give you the order that will allow you to try.
As much as you could navigate the FTT process yourself and it doesn't necessarily need a solicitor, some professional advice and perspective could be useful.
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