Implementing section 11 of the Homelessness etc. (Scotland) Act 2003

It is accepted that the current economic downturn may result in the repossession and eviction rates increasing. In the absence of corrective action many more households will face the traumatic experience of becoming homeless. Section 11 will make a contribution to reducing evictions and repossessions, if it is used strategically and proactively by local authorities to prevent homelessness.

Section 11 should be seen as a building block, which is part of prevention strategies to reduce homelessness.

Mortgage lenders, private landlords and/or registered social landlords (RSLs) must inform the relevant LA when they initiate legal proceedings to repossess a property. The early warning that a Section 11 notification provides should allow for information and support to be provided to households, which will prevent homelessness occurring, or will allow a planned approach for suitable alternative accommodation to be found. The Scottish Government will be providing detailed guidance for LAs on implementing Section 11. The guidance is statutory and local authorities should have regard to the guidance when carrying out their legislative duties