How to draft the ‘perfect’ rent arrears Notice of Proceedings

Registered Social Landlords (RSLs) are required to serve a Notice of Proceedings (NOP) on all tenants and qualifying occupiers in the household before raising court action to recover possession of a Scottish Secure Tenancy. Prior to doing so, RSLs must satisfy the pre-action requirements (PARs) and complete the NOP which comes in a set form.  

Increasingly, we see challenges to eviction actions on the basis that the NOP is incorrect or incompetent. The challenge usually arises because the PARs have not been properly narrated in the NOP and the suggestion can be made that PARs have not been complied with.

 To help minimise the risk of challenge watch out for the common mistakes.

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If you would like advice on NOPs please don't hesitate to get in touch with our experienced team.