If you are a social, private landlord or a creditor, you are legally required to tell the Council when you take action which puts a household at risk of homelessness due to eviction. You must do this before you submit an application to the First Tier Tribunal.
This is required under Section 11 of the Homelessness Etc (Scotland) Act 2003. This legislation aims to make sure we know in advance when a household is at risk of being evicted or having their home repossessed. This allows the local authority an opportunity to offer help to households at risk at an early stage and aim to prevent homelessness.
You can find out more information about how we use this data at: Housing Service – Provision of Housing Advice - Privacy Statement.
For any further information, please contact section11enquiries@argyll-bute.gov.uk
Note to creditor
This form of notice must be used to give notice to a local authority where a creditor has served a calling-up notice or notice of default or has applied to court for a warrant to exercise any of the remedies which can be exercised on default of a standard security, or for a warrant for sale or has raised proceedings to eject a proprietor.
A “calling-up notice” is a notice described in section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 issued by a creditor in a standard security requiring discharge of the debt secured.
A “notice of default” is a notice described in section 21 of the Conveyancing and Feudal Reform (Scotland) Act 1970 issued by a creditor calling on a debtor to remedy a default.
The remedies which a creditor is entitled to exercise when a debtor is in default are described in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970. In terms of section 24 of that Act a creditor may apply to court for a warrant to exercise those remedies.
Proceedings to eject a proprietor are raised under section 5 of the Heritable Securities (Scotland) Act 1894 and must be notified to the local authority by virtue of section 4(4) of the Mortgage Rights (Scotland) Act 2001.
