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ARTICLE · 20 OCTOBER 2010

Changes To Scottish Residential Property Repossession Procedure

MacRoberts
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With effect from 30 September 2010, the Home Owner and Debtor Protection (Scotland) Act 2010 ("the 2010 Act") introduced further procedural restrictions on lenders making repossession applications over residential properties in Scotland.

United KingdomReal Estate and Construction
Julie Hamilton
Julie Hamilton
Ian Bowie
Ian Bowie
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With effect from 30 September 2010, the Home Owner and Debtor Protection (Scotland) Act 2010 ("the 2010 Act") introduced further procedural restrictions on lenders making repossession applications over residential properties in Scotland. 

The 2010 Act follows the introduction of the "pre-action protocol" in England and Wales which encourages lenders to take steps to reach agreement with borrowers there who are struggling to meet debt repayments, without having recourse to court. Lenders and borrowers alike, as well as their respective advisers, should be aware of the effects of the new provisions in Scotland.   

Key Features

Although it has always been the law that the owner of residential property in Scotland may not be evicted without a court order, the 2010 Act provides that a lender may not be granted an eviction order unless the lender has complied with the "pre-action requirements" specified in the 2010 Act.  Essentially, the lender must:

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