03 December 2009

Section 11 of the Homelessness (etc) Scotland Act 2003

A rough guide for owner-occupiers, tenants, landlords and creditors - your questions answered.

Landlord:

"I've heard of Section 11. What is it?"

Section 11 of the Homelessness etc (Scotland) Act 2003 is a new piece of Scottish legislation which came into force on 1 April 2009.

It places a duty on landlords (except local authority landlords) and creditors to notify the relevant local authority when they raise proceedings for possession or serve certain other notices which would put the household at risk of homelessness due to eviction. The form to notify City of Edinburgh Council should be sent to: Section 11 Notification, The City of Edinburgh Council, Business Centre C.2, Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG.

Owner-occupier:

"I'm not a council tenant. Why does the council need to know about my situation?"

Not all notices will lead to eviction. The aim of Section 11 is to give local authorities early notice of households at risk of homelessness due to eviction so that they can contact the households concerned and provide them with advice or information relevant to their situation. In some cases, if the household acts on this offer of assistance, it may be possible to prevent homelessness occurring.

http://www.scotland.gov.uk/Topics/Statistics/Browse/Housing-Regeneration/PubNot11

Creditor:

"What is City of Edinburgh Council doing about Section 11?"

On receipt of each and every Section 11 notification City of Edinburgh Council is contacting the households concerned in writing to provide details of a range of housing advice and support services available. Edinburgh Housing Advice Partnership is one of these services. View the leaflet for details of all the services which are being signposted.

Owner-occupier:

"What services do Edinburgh Housing Advice Partnership provide?"

EHAP offer households in difficulties a range of housing, money and welfare rights services including:

  • Assistance with benefits problems/issues
  • Benefit checks and income maximisation
  • Debt advice
  • Referral to mortgage rescue schemes available through the Scottish Government including Mortgage to Rent and Mortgage to Shared Equity
  • Referrals to other local support services
  • Pre-court advice and assistance to seek representation in some cases

Tenant:

"My money worries are effecting my home. Can you help?"

Yes, Edinburgh Housing Advice Partnership is a service for all Edinburgh residents. Call 0845 302 4607 for an initial assessment over the phone and, if appropriate, we will book you a free face-to-face appointment with one of our skilled and experienced housing advisers.

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