Section 11 of the Homelessness etc (Scotland) Act 2003 gives local authorities early notice of households at risk of homelessness due to eviction. It places a duty on landlords (except local authority landlords) and creditors to notify the relevant local authority when they raise proceedings for possession or serve certain other notices.
Ministers have exercised powers under section 11 to make regulations specifying the form and manner of notice to be provided to local authorities. The Notice to Local Authorities (Scotland) Regulations 2008 (SSI 2008/324)came into force on 1 April 2009. Schedule 1 sets out the information to be provided by landlords; schedule 2 the information to be provided by creditors. Sample forms for landlords and creditors are available to download.
Local authorities have set up contact points within their organisations to which forms of notice should be sent. Forms can be sent electronically to the email address provided or by post. The Ordnance Survey website hosts a helpful tool that identifies the local authority in which a property is sited by its postcode.
Guidance
Statutory guidance for local authorities on section 11 has been published. Non-statutory guidance notes for social landlords, private rented sector landlords and creditors are in production; draft versions of these notes were consulted on earlier this year and are available in the meantime:
Awareness-Raising
The Scottish Government is working with national organisations and bodies to raise awareness of the new duty on landlords and creditors. These include Scottish Association of Landlords, Scottish Rural Business and Property Association, National Landlord Association, Council of Mortgage Lenders, Financial Leasing Association, Scottish Federation of Housing Associations, Citizens Advice Scotland and Money Advice Scotland, Shelter, Scottish Council for Single Homeless, Chartered Institute for Housing, Scottish Housing Regulator and the Legal Services Association. This activity complements that taken by local authorities. An A5 flyer promoting section 11 is available for organisations to download.
Contacts
Please address any queries about section 11 to homelessness@scotland.gsi.gov.uk.