Section 11 notifications
Landlords and creditors are legally obliged to notify the local authority when they take action which put the household at risk of homelessness due to eviction. This duty arises from section 11 of the Homelessness Etc (Scotland) Act 2003.
The duty aims to prevent a homeless crisis. Households at risk are able to be offered help at an early stage. If the household acts on this, it may be possible to prevent homelessness.
All landlords must notify the relevant local authority when they raise proceedings for possession of a home. The duty applies at the point when a landlord raises proceedings in the Sheriff Court.
Creditors must notify the local authority when they:
- Serve a calling up notice requiring discharge of the debt secured
- Serve a notice of default calling on the debtor to remedy a default
- Apply to the court for a warrant to exercise remedies on default
- Raise proceedings to eject a proprietor
How we can help
When you are at risk of losing your home, there may be options other than eviction or repossession. We offer households in difficulties a range of housing, money and welfare rights services including:
- Assistance with benefits problems or issues
- Referral to mortgage rescue schemes via the Scottish Government
- Support to help you keep your tenancy
- Referral to money and debt advice
- Pre-court advice and assistance to seek representation in some cases