When we will serve a Notice of Abandonment
The power to repossess an abandoned tenancy is laid down in sections 17-21 of the Housing (Scotland) Act 2001. These provisions can only be used where the tenant does not intend to occupy their house as their principal home.
If we think a tenancy has been abandoned
- We will check if it has been terminated or if keys are due to be returned.
- If this is not the case we will carry out a house visit immediately.
- If we gain no access, we will leave a postcard to give you the the opportunity to contact us.
- If the house has been abandoned we will serve the Notice of Abandonment.
If we think a tenancy has been abandoned, we will first check if this has been terminated or if keys are due to be returned.
If this is not the case we will carry out a house visit immediately. If we gain no access, we will leave a postcard to give you the opportunity to contact the office. If we establish that the house has been abandoned we will serve the Notice of Abandonment.
You have 28 days to contact the local area housing office in writing stating that you intend to occupy the property. A house inspection will be carried out to confirm the property is being occupied, before cancelling the abandonment process.
If you fail to respond or reoccupy within the 28-days a final notice of repossession will be served and the locks changed. If you wish to appeal against the termination of the tenancy it must the raised via the Sheriff Court within six months of that date.
Abandonment by joint tenants
Section 20 of the above Act lays out the guidelines for instances where one member of a joint tenancy has abandoned the property. The procedures are basically the same as those detailed above.
A Notice of Believed Abandonment will be served on both of you (including the occupier). If it is clear one of you is no longer living in the house then we will serve a final notice on the absent tenant. This will advise you that your interest in the tenancy will come to an end eight weeks after serving this final notice.
If you wish to appeal against the termination of your interest, it must be raised via the Sheriff Court within eight weeks.