http://www.legislation.gov.uk/ssi/2012/92/schedule/2The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012TenantsHousingCouncil tenanciesCouncil housingCivil partnershipenHOUSINGStatute Law Database2026-07-14Expert Participation2019-05-01 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. The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012reg. 3(3)The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2025reg. 4(b)reg. 1The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012Sch. 3The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2025reg. 5reg. 1 SCHEDULE 2Regulation 3(2)

Sch. 2 in force at 1.8.2012, see reg. 1(1)Sch. 2, Guidance Notes: By The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2018 (S.S.I. 2018/156), regs. 1, 4, it is provided that, after the entry headed “[Text for notice to a qualifying occupier” the following words are substituted (1.5.2019) for the words from “If the landlord does take court action for possession” to the end:“[Text for all notices other than on ground 2:If the landlord does take court action for possession, the sheriff will be concerned with whether the facts of the case are correct and if so, whether it is reasonable that you should be evicted. In deciding whether it is reasonable, the sheriff must take into account all the circumstances of the case. The sheriff must also take into account all the specific criteria set out in section 16 of the Housing (Scotland) Act 2001 which are broadly as follows:• the nature, frequency and duration of the conduct leading to the eviction proceedings;• how far the tenant was personally responsible for the conduct leading to the eviction proceedings or whether it was the consequence of acts or omissions by others;• the effect of the conduct on others, for example whether there are serious adverse consequences for other local residents; and• whether the landlord has considered and, if appropriate, tried other courses of action to stop the conduct before opting for eviction.The sheriff may decide not to grant a possession order, or may delay the decision or impose conditions which must be complied with. If a possession order is granted, the landlord will be able to evict you. If the landlord evicts you, it will not be under any obligation to re-house you. You should not assume that you will be entitled to be re-housed by the landlord or a local authority.]*[Text for all notices including ground 2:If this notice is served on you before the day which is 12 months after-• the day on which the person was convicted of the offence forming the ground for recovery of possession; or• where that conviction was appealed, the day on which the appeal is dismissed or abandoned,and the landlord does take court action for possession then the sheriff will be concerned whether the facts of the case are correct and whether you have any other rights. If satisfied, the sheriff must grant a possession order.If this notice is served on you on or after that day then the sheriff will not only be concerned whether the facts of the case are correct but also whether it is reasonable that you should be evicted. In deciding whether it is reasonable, the sheriff must take into account all the circumstances of the case. The sheriff must also take into account all the specific criteria set out in section 16 of the Housing (Scotland) Act 2001 which are broadly as follows:• the nature, frequency and duration of the conduct for which the tenant, a person residing or lodging with them or a subtenant has been convicted;• how far the tenant was personally responsible for the conduct leading to the eviction proceedings or whether it was the consequence of acts or omissions by others;• the effect of the conduct on others, for example whether there are serious adverse consequences for other local residents; and• whether the landlord has considered and, if appropriate, tried other courses of action to stop the conduct before opting for eviction.The sheriff may decide not to grant a possession order, or may delay the decision or impose conditions which must be complied with. If a possession order is granted, the landlord will be able to evict you. If the landlord evicts you, it will not be under any obligation to re-house you. You should not assume that you will be entitled to be re-housed by the landlord or a local authority.]*;*Delete where not applicable”