Housing Service - Eviction Policy - Section 11

11.    Carrying Out an Eviction

11.1   An eviction cannot be carried out until a Sheriff Court has granted an Order for possession and an eviction authorisation has been signed by the Housing Services Manager or the Head of Housing and Property.

11.2   Sheriff Officers will send a letter to tenants to advise them of their date of eviction.

11.3   The letter provides the tenant with a minimum of 4 weeks notice prior to eviction unless there is evidence to justify another course of action, for example, the property has been abandoned, left unsecured, and is at risk of vandalism.  Reduction of this period of notice will be on the authorisation of the Housing Services Manager or the Head of Housing and Property.

11.4   Before eviction, housing staff will provide sources of advice and practical assistance to the tenant and qualifying occupiers in preparation for their eviction.  This will be offered during a visit to the tenant's home. This includes details of temporary accommodation available, storage arrangements for furniture (if temporary accommodation is provided) and arrangements the tenants must make.

11.5   Sheriff Officers are authorised to carry out an eviction, not Council employees.  However, an Area Housing Manager, an Area Housing Officer and a Building Services joiner will all be present to ensure the eviction is successfully completed.  If necessary, Social Work and support staff will also attend.

11.6   Evictions will be carried out following legal guidelines and in accordance with good practice.

11.7   Locks will be changed after each eviction and a detailed void inspection of the property, garden and any outbuildings made.  This will be in accordance with the Council's Void Management Policy.

11.8   All tenants evicted will be recharged for the expenses incurred by the Council during and after the eviction.  This will include legal expenses, Sheriff Officers' fees and the cost of any rechargeable repairs.

11.9   Tenants who have been evicted will be liable for all debts they have with the Moray Council after their eviction has taken place.

View Section 12 - Review and Complaints Process

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