We have spoken at numerous seminars and training events for housing associations dealing with the recent changes to an eviction notice and rules relating to actions involving rent arrears and the compulsory pre-action requirements.

The new changes were implemented on 1 August 2012 and make significant differences to court actions involving rent arrears:

• Sheriffs will now set a time limit on the period during which an eviction decree can be enforced. The maximum period allowable is 6 months. This change applies to all actions where rent arrears are the basis of the eviction. When a decree is now granted in such a case, landlords will have to carry out the eviction within the time set by the court. If they do not, the tenancy will simply continue as though the eviction order was never granted.
• Public sector landlords will now require to follow a series of 'pre action requirements' before they can serve the Notice of Proceedings which indicates that court action is being considered.

These pre-action requirements mean that landlords must show they have

• Given clear information about the tenancy agreement and the unpaid rent or other financial obligations
• Made reasonable efforts to give help and advice on eligibility for housing benefit and other types of financial assistance
• Given information about sources of help and advice with the management of debt
• Made reasonable efforts to agree with the tenant a reasonable plan for future payments
• Considered the likely result of any application for housing benefit that has not yet been decided
• Considered other steps the tenant is taking which are likely to result in payment within a reasonable time
• Considered whether the tenant is complying with the terms of an agreed plan for future payments
• Encouraged the tenant to contact their local authority (where the local authority is not the landlord)

With effect from 1 August 2012, new standard forms of Notices of Proceedings have been introduced. There are now different forms to be used depending on whether the proposed action involves rent arrears or not.

For a copy of the legal Guidance please click here.

As always, our team of expert lawyers are also on hand to deal with any queries you may have regarding these new rules. If you would like further information please contact our housing team.