Housing Service - Eviction Policy - Section 7
7. Council's Responsibilities
7.1 The Council has a duty to protect its interests. Enforcing the terms of the Scottish Secure Tenancy, Short Scottish Secure Tenancy, or any other tenancy agreement provided by the Council will assist this.
7.2 The Council has a duty to all its tenants and the wider community, to ensure that they are able to live in an environment that is attractive, well maintained and safe and secure. This includes taking appropriate action against those living in, or visiting, Council tenancies when the behaviour of the person threatens to disrupt the neighbourhood and put the safety and security of other tenants and residents at risk.
7.3 At the start of a tenancy, the Council will make every effort to ensure that tenants are informed of all the responsibilities and activities associated with maintaining a tenancy. Tenants will be encouraged to take appropriate action to prevent placing their tenancy at risk.
7.4 Tenants will be advised of the consequences of failing to adhere to the tenancy agreement. This will include any action that may be taken by the Council to remedy a situation.
7.5 Where appropriate, tenants will be offered support and assistance to ensure their tenancy is managed successfully.
7.6 Where enforcement action is taken, this will be proportionate to the breach of tenancy conditions, clearly state what action the tenant must take to resolve the issue and what the Council will do if the breaches of tenancy continue.
7.7 The Council will ensure that it fully complies with all legislative requirements and guidance when taking eviction action This will include serving tenants and qualifying occupiers with a Notice of Proceedings for Recovery of Possession.
7.8 The Council will write to tenants prior to serving them with a notice of proceedings to advise them of the process involved and the legal requirement placed on the Council to serve a Notice of Proceedings for Recovery of Possession on qualifying occupiers.
7.9 Repossession action will only be used as a last resort and only after all other management remedies prove ineffective.
7.10 Section 153 of the Housing (Scotland) Act 2010 provides that a tenant's tenancy in a rent arrears eviction case will not come to an end, even after the Sheriff Court has granted a Decree for ejection, until such time as the Council has actually recovered possession.
7.11 The Council will evict the tenant(s) as soon as possible after the date specified on the Decree for ejection. However, if a Decree for ejection is granted for rent arrears, and full payment of the rent arrears and legal expenses is made prior to the eviction, the eviction may be cancelled. This is at the discretion of the Housing Services Manager or the Head of Housing and Property. Tenants will be fully advised of this in communications with staff.
7.12 Tenants and any qualifying occupiers who are due to be evicted will be fully advised of the homelessness responsibilities the Council has towards them. This will include advice and assistance on temporary accommodation and how to secure alternative permanent accommodation.