HM Insights

Remember the Pre Action Requirements (PARs) come into force today (1st August 2012)

Therefore, before serving notice in terms of section 14 of the Housing (Scotland) Act 2001, Registered Social Landlords (RSLs) must be able to demonstrate that they have;

  1. Given clear information about the tenancy agreement and the unpaid rent or other financial obligations;
  2. Made reasonable efforts to give help and advice on eligibility for housing benefit and other types of financial assistance;
  3. Given information about sources of assistance for debt advice;
  4. Made reasonable efforts to agree with the tenant a reasonable plan for money due and future payment of the rental charge;
  5. Considered the likely result of any application for housing benefit that has not yet been decided;
  6. Considered other steps the tenant is taking which are likely to result in payment within a reasonable time;
  7. Considered whether the tenant is complying with the terms of an agreed plan for the money due and continuing to pay the rental charge; and
  8. Encouraged the tenant to contact their local authority to advise of their housing situation.

RSLs must meet the PARs for all notices of any proceedings involving rent arrears which are served on a tenant and any qualifying occupiers from today. The PARs do not apply in cases where landlords have served a notice on a tenant or qualifying occupiers before 1st August 2012 and which is in force on the date that court action is raised.

If you require further information or advice on PARs, please contact  Fiona McDonald in our Recoveries Department - [email protected]