Agents Support Pause on Chasing Mentally Ill Tenants
- Sarah Ruivivar
- Mar 25
- 1 min read
In a move towards compassion, Propertymark is backing a proposal to temporarily halt debt recovery for tenants facing mental health crises.
Thanks to the Bankruptcy and Diligence (Scotland) Act 2024, tenants with severe mental conditions could enjoy a 'breathing space' from debt collectors, including those chasing rent arrears.
Propertymark highlights that this pause aims to protect individuals during acute mental health episodes, preventing creditors from pursuing debts or enforcing recovery actions. However, tenants must have certification from a medical professional to qualify, and those already under bankruptcy or debt plans are excluded.
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While the moratorium offers respite, tenants must still pay ongoing liabilities like current rent to avoid new arrears. Importantly, landlords can still initiate possession proceedings, but Scotland's robust eviction safeguards ensure fairness. Courts will consider the tenant’s health before evicting, and Propertymark suggests notifying courts when a tenant under a moratorium faces eviction.
Clear guidance for landlords and agents is crucial to balance tenant respite with addressing arrears, ensuring a compassionate approach.
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