Minute for recall checklist

There are number of things that an adviser must find out before lodging a minute for recall;

  • The full name of the case, the court reference number and the date decree was granted. If the defender's papers do not have this information, the sheriff clerk should be able to help.

  • The type of calling at which decree was granted. This will probably be a first calling, a continuation or adjournment of a first calling or a diet of proof. If the defender does not know this, the sheriff clerk or the landlord should be able to help.

  • Whether or not the decree has been recalled before. A defender can only recall a decree once. If the defender is a Scottish secure tenant, it may be possible for a qualifying occupier to recall the decree. This could be the tenant's partner, spouse or civil partner, or a child aged over 16. In cases such as this, advice should be sought from someone experienced in housing law.

  • What the defence is. For Scottish secure tenants, there will almost certainly be a defence that it is not reasonable to evict. This defence may also be open to assured tenants, including those who have three months' rent arrears if this is because of a problem with housing benefit. In these cases, advice should be sought from a solicitor experienced in housing law.

  • How the minute will be served. Eviction can only be prevented by service of the minute, lodging the minute with the court is not sufficient. Advisers cannot serve the minute and a solicitor or sheriff officer will need to be used.  The adviser must clarify who will meet the cost of using a solicitor or sheriff officer.

See the pages on Minute for recall for guidance on the procedure and how to complete the forms

You can find a full list of the Summary Cause Rules at the Scottish Courts website.

This content applies to Scotland


Last updated: 20 September 2017