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

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.