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Changes to Eviction Notices

Changes to Eviction Notices

I have spoken at numerous seminars and training events for housing associations dealing with the recent changes to eviction notices of proceedings relating to actions involving rent arrears.

The new changes were implemented on 1 August and make significant differences to court actions involving rent arrears.

Firstly, new rules require sheriffs to set a time limit on the period during which an eviction decree can be enforced. The maximum period allowable is 6 months. This change applies to all actions where rent arrears are the

Landlord?s Duties When Evicting a Tenant

Many landlords are unaware of their duties under the Homelessness (Scotland) Act 2003 when raising court proceedings against a tenant for eviction. What are a landlord's duties when evicting a tenant?

Section 11 of the Act states that;

a landlord when raising proceedings for repossession must give notice to the local authority in whose area the property is situated. Said notice should be given when the court action is raised against the tenant.

It is not sufficient for the landlord to simply write to the

How to evict a tenant lawfully!

Nearly 50 years ago, Harold Wilson?s Labour government introduced the first law to make unlawful tenant evictions a criminal offence. This law was designed to deal with the ?incentives? which encouraged landlords to remove tenants. So how do you evict a tenant lawfully?

At that time:

  • Properties were easier to sell and would sell at a greater price if they were vacant rather than with a sitting tenant.
  • Removing tenants who had the benefit of rental protection allowed landlords to maximise their income.? One London