5. Serving a Notice
5.1 Once landlords have decided to consider taking action to recover possession of a tenancy under the new streamlined eviction process, landlords must serve a notice on the tenant(s) that explains that they may raise proceedings for possession of the property and sets out the grounds for doing so. The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2018 make changes to the form of notice to be used by the landlord when notifying a tenant and any qualifying occupier under a Scottish secure tenancy (or short Scottish secure tenancy where section 14 of the 2001 Act is being used) that the landlord may raise proceedings in court to repossess the house.
5.2 The 2018 Amendment Regulations make changes to the Guidance Notes to each of the forms of notice contained in Schedule 1 and Schedule 2 of The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012 to provide an explanation of the court process in cases where the streamlined eviction process is used.
5.3 Landlords should adapt the ‘Guidance Notes’ section of the notice to the specific circumstances of each case. This is so that the notice is as easy for the recipient to understand as possible. The landlord should include only the appropriate text for either a tenant or a qualifying occupier. In cases where the ground(s) specified by the landlord in the notice include ground 2, the landlord should include the text provided for ground 2, along with any other appropriate text, depending on the circumstances of the case.
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