Legal action

What could happen if you take legal action?

We will always give you, and anyone in your household over the age of sixteen, at least four weeks notice of our intention to take you to court in order to re-possess your home for non-payment of rent.

Two Housing Officers or a Sheriff Officer will serve you with a legal document we refer to as a Notice of Proceedings for Recovery or Possession. View an example of Notice of Proceedings for Recovery of Possession (PDF 82KB). 

You can avoid going to court by:

• bringing your rent account up to date by the date stated in the Notice of Proceedings for Recovery of Possession, or
• agreeing with your Housing Officer how you will reduce the rent arrears over an agreed period of time.

If you have done neither, or have subsequently broken an agreement, your case will go to court and you will be summoned to a hearing before the Sheriff. The court will notify you of the date when you must attend.

If your case goes to court you may be liable for paying court costs.

If the case goes to Court, will I be evicted from my home?

At court, if you have made a suitable arrangement with us to clear your rent arrears we would ask the Sheriff to continue your case to monitor the arrangement. If you have not, we would ask the Sherriff for a court order for eviction.

You will be notified of the court hearing date. You may not need to attend court if you have made a suitable arrangement or can find someone to represent you. If you have not made a suitable arrangement and no one goes to court on your behalf, the Sheriff may grant an eviction order. Going to court for eviction is not the same as going to court on a criminal charge – you won’t be arrested if you don’t show up.

If the Sheriff grants an eviction order, this permits us to evict you from your property following a 14-day appeal period.

If you pay all outstanding debt in full, your tenancy will continue. However if you do not pay in full, appeal the eviction order, or do not leave the property voluntarily, we would arrange for the Sheriff Officers to evict you from your home.

If decree is granted by the Sheriff you will be advised in writing. It is extremely important that you contact an Arrears Officer to discuss your options and you are entitled to seek your own legal advice to discuss options available to you.

The Sheriff can, at their discretion, decide not to grant an eviction Order on the condition that you pay the rent plus an amount decided by the Sheriff towards the rent arrears.

If you do not pay the rent or the extra amount towards the arrears as directed by the court, we would arrange a further hearing and apply for an eviction order.

If I am evicted, would you help me find somewhere else to live?

No, not normally. You may be able to get temporary accommodation while you to look for a new home.

If you are in a homeless priority group and in need of support to help you maintain a tenancy, you may be offered a Short Scottish Secure Tenancy which would be conditional on you accepting and acting on the support package.

For further advice on this you should contact Housing.