Delays in Scotland’s housing tribunal ‘crippling’ landlords and reducing homes for rent

Landlords are facing waits of up to a year to regain possession of their properties through Scotland’s housing tribunal, with legal experts warning the growing backlog is forcing many to leave the private rented sector and worsening the country’s housing shortage.

Litigation specialists at Aberdein Considine LLP say landlords whom they represent are typically waiting between eight and 12 months from applying for an eviction order to receiving a tribunal hearing, while legal costs can reach around £10,000 before a case is resolved.

According to the Scottish Association of Landlords (SAL), the average time between an eviction application being lodged and a tribunal decision has risen from around three months in 2019 to more than eight months in 2025.

The consequences are also reflected in growing rent arrears. SAL figures show tenants being evicted for unpaid rent now owe an average of 14.7 months’ rent by the time a decision is reached, compared with 8.7 months in 2019.

Aberdein Considine Dispute Resolution partner Elaine Elder warns that delays, coupled with increasing regulation and rising costs, are driving many landlords to sell their properties rather than remain in the private rented sector. This is reducing the supply of homes available for rent, with the trend being particularly pronounced among landlords who own just one or two investment properties.

The issue dates back to changes introduced during the Covid-19 pandemic, when additional emergency protections provided to tenants significantly extended the time taken for landlords to recover possession of properties. Many of the changes were later made permanent* through the Coronavirus (Recovery and Reform) (Scotland) Act 2022, and industry figures say tribunal delays have continued to worsen since then, with year-on-year increases in tribunal delays.

Elaine Elder added: “The current delays are placing enormous financial pressure on landlords who are already dealing with rising costs and increased regulation. Many simply cannot afford to wait close to a year while continuing to cover mortgage payments, insurance, maintenance costs and legal fees with no rental income coming in.

“Many landlords across Scotland are not large-scale investors. They are ordinary working people with one or two properties that form part of their retirement planning or long-term financial security. When they are forced to absorb months of unpaid rent alongside significant legal costs, many decide they have no option but to sell.

“That has wider consequences for the housing market because every landlord leaving the sector reduces the supply of rental accommodation at a time when demand remains extremely high.”

An Aberdein Considine LLP client and landlord described the tribunal process as “extremely frustrating” after spending months trying to recover possession of a property, – a two-bedroom flat in Glasgow – despite their tenant having already secured alternative council accommodation. The couple said: “We originally invested in buy-to-let property as a way of saving for retirement and creating a financial safety net should ill health affect our ability to work. We have always tried to be fair and reasonable landlords and to work constructively with our tenants.

“Our experience with the tribunal process has been extremely frustrating. The system feels overly complicated, outdated and, at times, designed to catch landlords out on technicalities rather than resolve issues efficiently.

“In our case, the tenant had already secured alternative government-funded accommodation through the local council but refused to leave our flat. We were left without rental income while continuing to meet mortgage payments, insurance and maintenance costs. We also incurred significant legal fees pursuing possession through the proper legal channels.

“Despite the financial and emotional strain placed on us, the tenant did not even attend the hearing. The delays and uncertainty made an already difficult situation far worse.

“There is often a perception that landlords are wealthy or acting out of greed, but many of us are simply ordinary working people trying to provide for our families, save for retirement and protect ourselves against future ill health. The current system needs to be fair to tenants while also providing landlords with timely and effective access to justice.”

Scottish Association of Landlords chief executive John Blackwood said the delays were having a direct impact on Scotland’s private rented sector. He said: “Delays in eviction notices can seriously impact landlords’ businesses and consequently affect the supply of rented property available at any one time.

“We have seen year-on-year increases in delays since 2019. Currently, the average time from application to a decision is over eight months, up from just three months in 2019.

“The Scottish government should work with landlords and tenants to speed up the process so landlords can do their jobs by providing flexible and suitable homes to those who need them.”

Aberdein Considine LLP is calling for greater investment in the First-tier Tribunal for Scotland (Housing and Property Chamber) to reduce waiting times and provide faster access to justice for both landlords and tenants.

The firm says a more efficient tribunal system would not only reduce financial hardship for responsible landlords but also help improve confidence in Scotland’s private rented sector at a time when housing supply remains under significant pressure.