Housing Service - Eviction Policy - Section 10

10.     Authorisation for Eviction Enforcement

10.1   Where a Sheriff grants a Decree for ejection, the date after which the Council can recover the property will be specified on the order.  A charge must be served upon a tenant before an eviction can take place. The charge must provide the tenant with a period of at least 14 days in which to remove from the property prior to the eviction being carried out. A Sheriff Officer will only be able to carry out an eviction upon expiry of a 14 day period. 

10.2   Where a Decree for ejection has been granted an eviction can only be enforced after the Housing Services Manager or the Head of Housing and Property has given authorisation.  No decision will be made without an updated Risk Assessment and an Eviction Approval request being authorised by the above staff. 

10.3   A Decree for ejection will be acted upon within six months of being granted (the date specified on the order) unless there is evidence to justify another course of action, for example the tenant has became seriously ill.  Any material change in the tenant's circumstances or delay in implementing an eviction must be notified to and approved by the Housing Services Manager or the Head of Housing and Property. Tenants/qualifying occupiers will be kept fully informed during this process.

View Section 11 - Carrying Out an Eviction

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