Acions For Removing From Heritable Property Flashcards
Acts which govern Scottish secure tenancies? (Name 3)
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
What must the landlord do in order to raise proceedings to recover a property under a Scottish secure tenancy?
Serve notice of proceedings and period specified in notice expires.
Notice expires after 6 months
How is a notice of proceedings served?
Delivering it, leaving at their address or send by recorded delivery
Landlord must also give notice to local authority with jurisdiction of subject address
What is a qualifying occupier?
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
What act introduced pre action requirements?
Housing(Scotland) Act 2010
Where is the notice of proceedings located?
The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012
Form is used for monetary sum and time to pay available?
Form 1a
Form is used for a monetary sum and time to pay not available?
Form 1b
Form is used for removal only?
Form 1c
What must the officer do after the eviction is carried out?
S.o completes a certificate of execution in Form 7 and the s.o and witness sign and print their names.
Is a copy of the execution left at the premises after an eviction?
Copy is affixed to main door or conspicuous part of property
In case of land, attached to stakes in ground in transparent envelope.
Which acts govern private tenancies?
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
Is there any requirement to serve a charge for removing in the first tier tribunal?
No
When can an eviction order be granted in the first tier?
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
Where is an application for permission to appeal contained and what is the period of notice?
Scottish Tribunals (Time Limits) Regulations 2016
Period of 30 days beginning with relevant date
How is a charge for removing served?
Personally
Leaving with resident
Depositing
What is the period of notice for a notice of date of removal
No less than 48 after it’s served.
What must be done when order for removing is executed?
Complete certificate of execution witnessed
Affix copy in sealed envelope to main door of heritable property
Is there any requirement to serve a charge for removing in an envelope or send copy by post?
No
Which act brought in moratoriums on evictions?
The cost of living(tenant protection)(Scotland) act 2022
The form of extract decree shall be in?
Form 28b = no rent arrears
Form 28ba = non payment of rent
Form 28bb = rent arrears and other grounds
What is the maximum period prescribed for decree for recovery of property?
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.
Procedure for executing decree for recovery of heritable property?
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
How is a charge for removing served?
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
How can a charge for removing be served when defenders address is unknown?
Left with or deposited at sheriff clerk office who has jurisdiction
Displayed by sheriff clerk on walls of court
When does the notice period begin with walls of court service?
Begins from date it’s displayed.
What must the officer do when executing a charge for removing?
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
As well as service a charge for removing prior to an eviction, what must also be served?
Notice of date of removal, giving atleast 48 hour notice and is in Form 4
What must be done if any effects are removed from the property?
The officer completes an inventory of effects removed in Form 6 which must be witnessed.