The Scottish Secure Tenancies (Proceedings for Possession) (Pre‑Action Requirements) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to the pre-action requirements set out in section 14A of the Housing (Scotland) Act 2001 (“the 2001 Act”).

Landlords are required to comply with these pre-action requirements before making an application to the court for recovery of possession of a property (under section 14(2) of the 2001 Act).

Article 2 makes further provision about in relation to the requirement of a landlord to provide a tenant with certain information about the rent arrears and any other outstanding financial obligation of the tenancy.

Article 3 makes further provision in relation to the requirement of a landlord to make reasonable efforts to provide the tenant with information about sources of advice and assistance in relation to housing benefit and other sources of financial assistance.

Article 4 makes further provision in relation to the steps a landlord must take in complying with the requirement to make reasonable efforts to agree a plan for future payments.

Article 5 makes further provision in relation to the steps a landlord must take in considering the effects of any likely housing benefit entitlement on the outstanding rent and any other outstanding financial obligation of the tenancy.

Article 6 makes further provision in relation to the steps a landlord must take in determining whether steps taken by the tenant are steps which are likely to result in payment within a reasonable time.

Article 7 makes further provision in relation to the steps a landlord must take in dealing with any failure by the tenant to comply with the terms of a plan agreed for the purposes of section 14A(5) of the 2001 Act.