Eviction & Repossession Actions: Duties of Private Landlords, Social Landlords and Creditors
Private landlords, social landlords and creditors have a duty to notify the relevant local authority at the outset of repossession and other actions which could result in the household becoming homeless.
This duty has been introduced by Section 11 of the Homelessness etc (Scotland) Act 2003, from 1 April 2009.
Why Landlords and Creditors have a duty under Section 11
Complying with your duty as a landlord or creditor will enable Falkirk Council to:
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Offer assistance or guidance to households at risk of eviction and homelessness.
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Help households to manage debt, reach agreement with creditors on repayment of arrears, deal with issues causing anti social behaviour, or identify alternative accommodation.
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Plan services to prevent homelessness in future.
Failure to comply can be taken into account when carrying out a fit and proper persons test as part of landlord registration. Failure of a landlord to comply is not a procedural defence against eviction.
How to notify the Local Authority
To comply with this duty, landlords should complete the form Notice from Landlords (PDF, 19KB)|. Creditors should complete the form Notice from Creditors (PDF, 16KB)|.
These forms have been prescribed by the Scottish Ministers and must be completed in full.
The Notice from Landlords form should be used when landlords raise proceedings for possession in court.
The
Notice from Creditors form should be used for either of the options listed below:
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Service of calling-up notice/notice of default;
or
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Application to court for a warrant to exercise remedies on default;
or
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Proceedings to eject proprietor
Forms should be downloaded then printed and
returned by post to Falkirk Council, Accommodation Resource Centre (ARC) using the address shown in the Contact Us box.
Guidance for Landlords and Creditors about Section 11 is available on the Scottish Government's website|.
Further information
Full guidance for Landlords and Creditors about their duty to notify local authorities under Section 11 is available on the Scottish Government| website.
Services to prevent homelessness
A range of services are available from Falkirk Council and from independent agencies to help prevent homelessness.
Landlords and creditors should always try to encourage mortgage holders or tenants to access these services as early as possible, before problems with arrears or anti social behaviour become so serious that court action is being considered.
Money problems can lead to homelessness if mortgage or rent arrears build up. Help dealing with these issues is available from the Community Advice Service|. It can help solve common causes of homelessness such as:
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Dealing with rent/mortgage arrears and other debts
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Help with claiming benefits, budgeting and managing money
Independent advice and information
Independent financial, legal and other advice for those at risk of becoming homeless for a range of reasons is available locally. It is important to get advice as early as possible. Contact details for local independent advice can be found on our Independent Advice page|.