If you are a landlord or a creditor, you are legally required to tell us when you take action which puts a household at risk of homeless due to eviction. This is done through a Section 11 notice.
The notice should be sent to the local authority in which the property is situated just before you apply to the tribunal for an eviction order.
You do not need legal representation if you are dealing with the eviction yourself. If a solicitor or letting agent is dealing with the process they should be named in the legal representative section.
The date of raising of proceedings is the date you plan to submit the application form to the tribunal.
The court in which the proceedings are raised is the First-tier Tribunal for Scotland Housing & Property Chamber.
If you wish acknowledgment of receipt please make the request in the e-mail.
Section 11 Notice Pro-formas
Landlord/lenders are legally required to tell us that they plan to go to court in order to take possession of your property. They are required to keep us informed in this way under legislation in Scotland.
The following actions may be underway by your landlord/lender depending on the action they wish to take to recover your property:
- Call up the standard security - tenant/owner has two months to repay all monies owed. Failure to comply allows the landlord/lender to sell the property without any recourse to the Court. If the debtor does not agree to vacate voluntarily an ordinary action for repossession can be raised in the Court to evict the tenant/homeowner and other occupiers.
- Serve a Notice of Default - where the tenant/owner has not complied with a calling-up notice, or has failed to make repayments and is in arrears. The tenant/owner then has one month to remedy the situation from the date of the serving of the notice.
- Initiate Court Proceedings - raise court proceedings to recover possession
At this point there is a risk of becoming homeless, but it is not too late to get help to stop you from losing your home and it is important to get the appropriate advice as soon as possible. Once we receive this notice a Housing Advisor from your local housing office will be in touch to discuss and provide information and advice.
Please find below information on free advice that is available in our local area.
DWP Universal Credit Helpline: 0345 600 4272
Citizen Advice Bureau Scotland
Airdrie: 01236 754109
Bellshill: 01698 748615
Coatbridge: 01236 421447
Cumbernauld & Kilsyth: 01236 723201
Motherwell: 01698 251981/01698 265349
Wishaw: 01698 356777
National Debtline: 0808 808 4000
Money Advice: 01698 332551