Case Study
New Duty on Landlords
Tuesday 24th February 2009
As of 1 April 2009, all Landlords will have a duty to inform the Local Authority when court proceedings are raised against a tenant to evict them from a property in the Local Authority's area. This is in terms of Section 11 of the Homelessness etc (Scotland) Act 2003, which comes into force on that date. The purpose of this is to give local authorities prior notice of those households within their area that may be at risk of being homeless due to eviction. With prior notice they may be able to respond on an individual basis and provide early advice and information to those facing eviction. This is one part of a whole host of measures being introduced to ensure that the Scottish Government meet their target of eliminating homelessness by 2012.
Such notification is not necessary at the stage where Notices are issued to the tenant (ie. Notice of Proceedings or Notice to Quit), but is necessary at the point at which a court action is raised against the tenant on the basis of such a Notice.
The form of the notification is laid out in Schedule 1 of The Notice to Local Authorities (Scotland) Regulations 2008. The Notice requires a variety of information including: contact details of the Landlord and their agents; tenant's details; property address and relevant Local Authority area; the start date of the tenancy; the date on which proceedings are raised; and the legislation under which proceedings are being raised. Notification to the Local Authority must be made in the prescribed form and must be made either by post or transmitted electronically. Draft guidance notes are available from the Scottish Government which include a draft pro forma Notice. However, it should be noted that these Notices may indeed vary in their form between the different local authority areas. T C Young would be delighted to provide whatever advice or help you need in meeting this new duty. We can assist in providing the relevant forms or even arrange to prepare and serve the forms for you.
Although the Scottish Government has no direct sanction against a Landlord for non-compliance with Section 11, the Local Authority may take such non-compliance into account when determining whether or not a Private Landlord is a fit and proper person for the purposes of Landlord Registration under the Antisocial Behaviour etc (Scotland) Act 2004.
If you would like any further information on the issues raised in this briefing contact
Fiona Greer: fjg@tcyoung.co.uk, 0131 220 7660
Andrew Cowan: asc@tcyoung.co.uk 0141 221 5562
Jim Bauld: jdb@tcyoung.co.uk 0141 221 5562
Ruth Johnston: rej@tcyoung.co.uk 0141 221 5562
Gayle Blaikie: glb@tcyoung.co.uk 0141 221 5562
Please note that this briefing not a comprehensive statement of the law. Legal advice should be taken on individual circumstances