Rent arrears
A landlord can recover rent arrears through the sheriff court or tribunal and institute the normal diligence procedures:
•serving a charge for payment;
•carrying out an arrestment of funds or moveable property owned by the tenant in the hands of third parties (including banks); and
•executing an attachment of goods, equipment or money owned by the tenant.
Where it is a company, it can also issue a statutory demand on the business and instigate winding up proceedings.
Some lease agreements may have a reference to ‘summary diligence’ (see
here), and this allows them to institute diligence without a court hearing.
If your client struggles to maintain the rent payments, the first option is to discuss this with the landlord. They may be agreeable to a payment plan as the reality is that for them to evict you could lead the premises to be empty for a considerable time in the current economic climate, thus the landlord having no income from the premises – the cities and towns of Scotland are full of empty business premises in our high streets. A more pragmatic approach is required.