Section 11 of the Homelessness Etc (Scotland) Act 2003 places a duty on landlords and creditors to notify the local authority when they raise proceedings for possession or serve certain notices regarding the standard security level.
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.
Landlords
Landlords are required to notify (Word doc) [35KB] the relevant local authority when they raise proceedings for possession of a dwelling house. It is important to note that the duty does not apply at the point where an AT6, section 33 or Notice to Leave is served. The duty only applies at the point when a landlord raises proceedings in the First Tier Tribunal.
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 (Word doc) [28KB] 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
Please contact us at housingoptions@pkc.gov.uk if you require any further information about the Section 11 duties.
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