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

Scottish Statutory Instruments

2012 No. 92

Housing

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

Made

14th March 2012

Laid before the Scottish Parliament

16th March 2012

Coming into force

1st August 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 14(4) and 109(2) of the Housing (Scotland) Act 2001(1) and all other powers enabling them to do so.

Citation, commencement, interpretation and revocation

1.—(1) These Regulations may be cited as the Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012 and come into force on 1st August 2012.

(2) In these Regulations “the Act” means the Housing (Scotland) Act 2001.

(3) The Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002(2) are hereby revoked.

Saving provision

2.  Nothing in these Regulations affects the validity of a notice served under section 14(2)(a) of the Act (proceedings for possession) before 1st August 2012.

Form of notice

3.—(1) Subject to paragraph (2), the prescribed form of notice for the purposes of section 14(4) of the Act (form of notice) is contained in Schedule 1.

(2) Where section 14(2A) of the Act (unpaid rent)(3) applies, the prescribed form of notice for the purposes of section 14(4) of the Act is contained in Schedule 2.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th March 2012

Regulation 3(1)

SCHEDULE 1 NOTICE OF PROCEEDINGS FOR RECOVERY OF POSSESSION (IN CASES WHERE GROUNDS DO NOT INCLUDE RENT ARREARS)

Regulation 3(2)

SCHEDULE 2 NOTICE OF PROCEEDINGS FOR RECOVERY OF POSSESSION (IN CASES WHERE GROUNDS INCLUDE RENT ARREARS)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the form of notice to be used by a landlord when notifying its tenant and any qualifying occupier under a Scottish secure tenancy, within the meaning of Part 2 of the Housing (Scotland) Act 2001 (“the Act”), that the landlord may raise possession proceedings in respect of the house which is the subject of the Scottish secure tenancy.

A notice in the prescribed form must be served by a landlord on a tenant and any qualifying occupier, in terms of section 14(2) of the Act.

Regulation 3 provides that the prescribed form of notice is contained in Schedule 1 to the Regulations, except for cases where proceedings are to include the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2 to the Act). In those cases, the prescribed form of notice is contained in Schedule 2 to the Regulations.

Both notices set out the time limits within which the landlord is permitted to raise possession proceedings and the grounds on which the landlord is seeking possession. The notice in Schedule 2 also sets out the steps taken by the landlord which the landlord considers to constitute compliance with the pre-action requirements in section 14A of the Act.

Regulation 1 revokes the Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 (S.S.I. 2002/320). Regulation 2 makes a saving for notices served prior to the present Regulations coming into force.

(1)

2001 asp 10; section 14(4) was amended by the Housing (Scotland) Act 2010 (asp 17), section 155(a)(ii) and (iii).

(2)

S.S.I. 2002/320.

(3)

Section 14(2A) was inserted by the Housing (Scotland) Act 2010, section 155(a)(i).