Acions For Removing From Heritable Property

Question 1

Acts which govern Scottish secure tenancies? (Name 3)

Answer 1

Housing (Scotland) Act 2001
Housing (Scotland) Act 2010
Act of Sederunt (Summary Cause Rules) 2002
Act of Sederunt (Actions for Removing from Heritable Property) 2012
The removing from Heritable Property (Form of Charge)(Scotland) Regulations 2011
The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012
The Scottish Secure Tenancies (Repossession Orders)(Maximum Period) Order 2012
Bankruptcy and Diligence etc (Scotland) Act 2007

Question 2

What must the landlord do in order to raise proceedings to recover a property under a Scottish secure tenancy?

Answer 2

Serve notice of proceedings and period specified in notice expires.
Notice expires after 6 months

Question 3

How is a notice of proceedings served?

Answer 3

Delivering it, leaving at their address or send by recorded delivery
Landlord must also give notice to local authority with jurisdiction of subject address

Question 4

What is a qualifying occupier?

Answer 4

Member if tenants family that’s 16 or over
Person that the tenant has sublet to
A person who the tenant has taken in as a lodger

Question 5

What act introduced pre action requirements?

Answer 5

Housing(Scotland) Act 2010

Question 6

Where is the notice of proceedings located?

Answer 6

The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012

Question 7

Form is used for monetary sum and time to pay available?

Answer 7

Form 1a

Question 8

Form is used for a monetary sum and time to pay not available?

Answer 8

Form 1b

Question 9

Form is used for removal only?

Answer 9

Form 1c

Question 10

What must the officer do after the eviction is carried out?

Answer 10

S.o completes a certificate of execution in Form 7 and the s.o and witness sign and print their names.

Question 11

Is a copy of the execution left at the premises after an eviction?

Answer 11

Copy is affixed to main door or conspicuous part of property
In case of land, attached to stakes in ground in transparent envelope.

Question 12

Which acts govern private tenancies?

Answer 12

Private Housing (Tenancies)(Scotland) Act 2016
First-tier Tribunal for Scotland Housing and Property Chamber(Procedure) Regulations 2017
The First-tier Tribunal for Scotland Housing and Property Chamber(Procedure) Amendment Regulations 2018
The Private Residential Tenancies (Prescribed Notices and Forms)(Scotland) Regulations 2017

Question 13

Is there any requirement to serve a charge for removing in the first tier tribunal?

Answer 13

No

Question 14

When can an eviction order be granted in the first tier?

Answer 14

When an eviction ground applies
Must be accompanied with a copy of a notice to leave
Notice must expire before eviction order can be applied for

Question 15

Where is an application for permission to appeal contained and what is the period of notice?

Answer 15

Scottish Tribunals (Time Limits) Regulations 2016
Period of 30 days beginning with relevant date

Question 16

How is a charge for removing served?

Answer 16

Personally
Leaving with resident
Depositing

Question 17

What is the period of notice for a notice of date of removal

Answer 17

No less than 48 after it’s served.

Question 18

What must be done when order for removing is executed?

Answer 18

Complete certificate of execution witnessed
Affix copy in sealed envelope to main door of heritable property

Question 19

Is there any requirement to serve a charge for removing in an envelope or send copy by post?

Answer 19

No

Question 20

Which act brought in moratoriums on evictions?

Answer 20

The cost of living(tenant protection)(Scotland) act 2022

Question 21

The form of extract decree shall be in?

Answer 21

Form 28b = no rent arrears
Form 28ba = non payment of rent
Form 28bb = rent arrears and other grounds

Question 22

What is the maximum period prescribed for decree for recovery of property?

Answer 22

6 months from date decree is in extract in accordance with The Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012

If appeal lodged, 6 months from date of interlocutor.

Question 23

Procedure for executing decree for recovery of heritable property?

Answer 23

Defender charged to remove and days in charge must expire.
Period of 14 days in normal action, 28 days if in connection with crime
Bankruptcy and Diligence etc (Scotland) Act 2007

Charge for removing located within Removing from Heritable Property (Form of Charge)(Scotland) Regulations 2011

Question 24

How is a charge for removing served?

Answer 24

Personally
Leaving with resident at home or p.o.b
If unsuccessful, depositing or leaving in a way that will come to their attention

If service by depositing or leaving for attention, copy of charge for removing must be sent by first class post to likely address

Question 25

How can a charge for removing be served when defenders address is unknown?

Answer 25

Left with or deposited at sheriff clerk office who has jurisdiction
Displayed by sheriff clerk on walls of court

Question 26

When does the notice period begin with walls of court service?

Answer 26

Begins from date it’s displayed.

Question 27

What must the officer do when executing a charge for removing?

Answer 27

Leave copy of charge in sealed envelope addressed to occupiers in way that will come to their attention

Envelope must state
Take notice: this envelope contains a copy of a charge for removing from a sheriff officer

Question 28

As well as service a charge for removing prior to an eviction, what must also be served?

Answer 28

Notice of date of removal, giving atleast 48 hour notice and is in Form 4

Question 29

What must be done if any effects are removed from the property?

Answer 29

The officer completes an inventory of effects removed in Form 6 which must be witnessed.