Section 11 Notifications
Section 11 of the Homelessness Etc (Scotland) Act 2003 places a
new duty on landlords and creditors to notify the relevant local
authority when they raise proceedings for possession or serve
certain notices relating to the standard security.
The aim of the duty is to ensure that local authorities are alerted
to households at risk of homelessness due to eviction or
repossession at an early stage.
The duties placed on landlords and creditors under Section 11 took
effect on 01st April 2009.
Landlords
Landlords are required to notify the relevant local authority
when they raise proceedings for possession of a
dwellinghouse. It is important to note that the duty does not
apply at the point where an AT6 or Section 33 Notice is
served. The duty only applies at the point when a landlord
raises proceedings in the Sheriff Court.
Creditors
Section 11 amends the Conveyancing and Feudal Reform (Scotland)
Act 1970 and the Mortgage Rights (Scotland) Act 2001. The
amendments require creditors to notify the local authority when
they;
- Serve a calling up notice requiring discharge of the debt
secured
- Serve a notice of default calling on the debtor to remedy a
default
- Apply to the court for a warrant to exercise remedies on
default
- Raise proceedings to eject a proprietor
The sample notices and contact information is included on the
right. The notices can either be submitted by e-mail or by
post.
Please contact us using the details given if you require any
further information about the Section 11 duties.
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rented sector and information about ways of working in partnership
with Perth & Kinross Council, please
contact us.
