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Section 11 of the Homelessness etc (Scotland) Act 2003
Your landlord or mortgage lender or creditor must tell us if you are at risk of losing your home due to:
- mortgage arrears
- rent arrears
- antisocial behaviour, or
- any other eviction action
This is called a Section 11 notice.
Mortgage lenders such as banks and building societies have a legal duty to notify us when they serve certain notices relating to a mortgage.
Private sector landlords and Registered Social landlords have a legal duty to notify us when they raise proceedings for possession of a property.
Why is this important?
The main purpose of a section 11 notice is to notify us that a household is at risk of becoming homeless. When we know this, we may be able to intervene to see if the eviction can be halted through mediation or other means.
The notice will also give us time to discuss alternative housing options with you. In most cases, this will provide around six to eight weeks for our staff to try and prevent any possible homelessness from occurring.
What we will do when we receive a Section 11 Notice?
The local housing office will be in touch and let you know where additional information and advice can be found. A housing advisor will tell you about:
- Your legal rights, for example your rights as a tenant, Mortgage Rights Act, Matrimonial Homes Act.
- Possible mediation with landlord or lender.
- Support to sustain current home for example applying for housing benefit and budgeting.
- Referrals to other council services such as the Financial Inclusion Team who can advise and provide assistance on money matters, debt, benefits and Universal Credit.
- Referrals to external agencies such as Citizens Advice, also known as CAB, Shelter or Legal Services Agency.
- Other options to stay in current home including:
- Home Owners Support Fund which is income support for Mortgage Interest.
- Mortgage to Rent and Mortgage to Shared Equity.
- Sale-and-Rent-Back schemes, from June 2010.
Data Protection
If we need to refer you to other agencies to provide support or assistance, you will need to give us permission to share your details. Unless the agencies already have existing service level agreements or protocols to share information.
Personal data should not be kept longer than necessary for the purpose of its provision.
Where are the Section 11 notices sent?
Section 11 Notices in North Lanarkshire should be sent to us at BusinessDevelopment&Support@northlan.gov.uk