This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

When a landlord seeks to evict a tenant, by going to court, they have to inform the relevant council of their intention, this is called a section 11 notice and this page explains what a landlord has to do to comply with the regulations. 

What is section 11?

Section 11 is part of the Homelessness etc (Scotland) Act 2003 and will place an obligation on a landlord to inform a council of their intention to evict a tenant.

Private landlords and registered social landlord are subject to the section 11 regulations. The only landlords not subject to the section are councils.

Why?

The main function of a section 11 notice is to give the council ample knowledge that an individual, or household, are at risk of becoming homeless. Once aware a council may intervene to see if the eviction can be halted through mediation or other means, also, the notice will give the council time to discuss alternative housing options with your tenant.

What don't I have to do?

It is not the purpose of these regulations to interfere with the day-to-day management of a private rented property. The normal process when a tenant leaves a property at the ish date of a tenancy should not be complicated by section 11 notices. It is only when a landlord thinks that the only way that their are going to get the property back is via court action that these regulations have to be adhered to.

What do I have to do?

The duty that is placed onto landlords is that they have to tell the relevant council when they raise proceedings for possession of a property. You can check the Scottish Government guidance on section 11 here.

When do I have to do it?

The timing of the notice is very important. It should only be sent when you intend to take court proceedings rather than at the time you serve a notice to quit. The correct timing of serving the notice would be the date where you seek a court date to evict the tenant, if they have ignored the notice to quit,

What information do I have to provide?

The information that you are required to pass to the council is set down by law and has the contain the following

• Name and address of landlord who has raised proceedings
• Name and address of landlord’s legal representatives
• Contact telephone number of landlord
• Landlord registration reference
• Name of tenant/s against whom proceedings have been raised
• Full postal address of property that is the subject of proceedings
• Start date of the tenancy
• Date of raising of proceedings
• Court in which proceedings raised
• The legislation under which proceedings have been raised

There are template forms available from the Scottish government website.

What happens if I don't serve a section 11 notice

There are no direct sanctions against those landlords who do not follow the section 11 regulations. However, if a council becomes aware of landlords who are not complying with the  regulations, then they can take action via landlord registration scheme. Under the landlord registration a council must be satisfied that a landlord is a fit and proper person to let the property, and may take into account evidence that shows that a landlord has not adhered to any area of law, including section 11. Also, landlords who are members of an accreditation scheme need to comply with the Scottish core standards for accredited landlords.  These regulations require accredited landlords to follow the correct legal procedures when seeking possession of a property.