Simple Procedure Scotland - Recovering Rent Arrears Guide
Complete guide to using Simple Procedure in Scotland to recover rent arrears from tenants. Learn court fees, forms, and the step-by-step process.
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If you are dealing with this right now, use this guide to understand your options quickly, then move straight into the right landlord workflow.
Problem → solution
Need to act on this now?
- Recover rent arrears with a guided money claim flow
- Organise unpaid rent evidence and claim details
- Generate court-ready documents for filing
Simple Procedure is Scotland's streamlined court process for claims up to £5,000. It's the primary way landlords recover unpaid rent from current or former tenants without needing a solicitor.
Simple Procedure Key Points
- Claim limit: Up to £5,000
- Court: Sheriff Court
- Fees: £19 to £104 depending on claim amount
- Timeline: Typically 8-12 weeks to decision
What Is Simple Procedure?
Simple Procedure replaced the Small Claims procedure in Scotland in 2016. It's designed to be accessible to people without legal representation, with simplified forms and informal hearings.
Key features:
- Claims up to £5,000
- Streamlined court forms
- Informal hearing process
- Limited expenses awards (so losing rarely costs much)
- No need for a solicitor
Next legal step
Problem → solution
Need to act on this now?
- Recover rent arrears with a guided money claim flow
- Organise unpaid rent evidence and claim details
- Generate court-ready documents for filing
When to Use Simple Procedure
Good for:
- Recovering rent arrears from current tenants
- Claiming unpaid rent from former tenants
- Recovering property damage costs
- Claiming deposit shortfalls (after scheme deductions)
- Utility bills left unpaid
Not suitable for:
- Evicting tenants (use First-tier Tribunal)
- Claims over £5,000 (use Ordinary Cause)
- Complex legal disputes
Before Going to Court
Send a letter before action giving the tenant 14-28 days to pay. This shows you tried to resolve matters and is expected by the court. Keep a copy for your evidence.
Court Fees
Court fees depend on the amount you're claiming:
| Claim Amount | Court Fee |
|---|---|
| Up to £200 | £19 |
| £200.01 - £300 | £34 |
| £300.01 - £500 | £50 |
| £500.01 - £1,500 | £73 |
| £1,500.01 - £3,000 | £89 |
| £3,000.01 - £5,000 | £104 |
You can usually add the court fee to your claim, so the tenant pays if you win.
Step-by-Step Process
- 1Send Letter Before Action
Write to the tenant demanding payment within 14-28 days
- 2Complete Form 3A (Claim Form)
Fill in the claimant (you) and respondent (tenant) details, plus the amount claimed
- 3Submit to Sheriff Court
Submit online or in person at the court covering the tenant's address
- 4Court Serves the Claim
The court sends the claim to the tenant (respondent)
- 5Tenant Responds (or Doesn't)
The tenant has 21 days to respond. If they don't, you may get automatic judgment
- 6Discussion or Hearing
If disputed, a discussion or hearing is scheduled
- 7Decision
The Sheriff makes a decision on the claim
Recommended next step
Problem → solution
Need to act on this now?
- Recover rent arrears with a guided money claim flow
- Organise unpaid rent evidence and claim details
- Generate court-ready documents for filing
Forms Required
Main Forms
- Form 3A: Claim Form (you complete this)
- Form 4A: Response Form (tenant uses this)
Evidence to Prepare
- Tenancy agreement
- Rent statements showing arrears
- Bank statements showing missed payments
- Letter before action and proof of postage
- Any relevant correspondence
- Calculation of the amount claimed
The Hearing
If the Tenant Doesn't Respond
If the tenant doesn't respond within 21 days, you can apply for a Decision without a hearing (Form 10A). The Sheriff will grant your claim if it's properly documented.
If the Tenant Disputes
If the tenant responds and disputes the claim, there will be a Discussion (informal meeting with the Sheriff) or a Hearing (more formal).
At the Hearing
- Arrive on time with all your documents
- Dress appropriately
- Address the Sheriff as "Sheriff"
- Explain your case clearly and calmly
- Have your evidence organised and ready
- Answer questions honestly
Enforcing the Decision
If you win but the tenant doesn't pay, you can enforce the decision using:
Sheriff Officers
- Earnings Arrestment: Deductions from wages
- Bank Arrestment: Freeze and seize bank funds
- Attachment: Seize and sell goods
You'll need an Extract Decree (certified copy of the decision) from the court to instruct Sheriff Officers.
Add Interest
You can claim interest on the debt at the judicial rate (currently 8%). This continues to accrue until the debt is paid.
Simple Procedure FAQ
Can I claim more than £5,000?
Not through Simple Procedure. For claims over £5,000, you need to use the Ordinary Cause procedure, which is more complex and usually requires a solicitor.
Which court do I use?
Use the Sheriff Court covering the area where the tenant lives (or lived, if a former tenant). You can find the correct court on the Scottish Courts website.
Do I need a solicitor?
No. Simple Procedure is designed for people to use without legal representation. However, you can use a solicitor if you prefer - but costs are rarely awarded.
What if I can't find the tenant?
You can apply to the court for alternative service methods. The court may allow service by advertisement or posting to the last known address.
Can I claim legal expenses?
In Simple Procedure, expenses are rarely awarded. You can add the court fee to your claim, but don't expect to recover solicitor costs.
Need to Recover Rent Arrears?
Landlord Heaven provides templates and guidance for recovering unpaid rent through the Scottish courts.
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