Using the Debt Arrangement Scheme
Rent arrears can be included in the DAS. However, if it is advantageous for the client to make a separate arrangement and treat it as a priority debt with the landlord outside of the DAS, the client can exclude the arrears from the scheme.
1s8 The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 No.51If they are included, this should be accepted by the landlord, and they should not pursue the client for the arrears outside of the DAS. See
Chapter 6 for more detailed information.
When the case calls in the tribunal, it may be a good tactic to ask for an adjournment or postponement to allow time to make an application for a Debt Payment Programme (DPP). This allows you time to go over the client’s whole situation and come up with a suitable strategy.
This alone does not stop an eviction, as there may be one application for the arrears and one for the eviction. The client must convince the tribunal that, as the arrears are being dealt with, it is unreasonable to grant an eviction order.