12 Jul 2012

New Removings Legislation

New Removings Legislation

An Act of Sederunt will change the process required to be followed by lenders prior to repossessing. Catriona Milne, Solicitor, explains what’s new and what has changed.

An Act of Sederunt will change the process required to be followed by lenders prior to repossessing. Catriona Milne, Solicitor, explains what’s new and what has changed.

The Scottish Government has introduced new legislation which makes changes to the practice and procedure to be followed in the enforcement of a Decree for removing from heritable property. The Act of Sederunt (Actions for Removing from Heritable Property) 2012 came into force on 18 June 2012.

Enforcing a Decree - The Procedure

The first step to enforce a Decree for removal is to serve a Charge to Remove on the borrower. A Charge to Remove is a formal written request that demands that the borrower vacates the security subjects or an ejection will be set. The Charge is served by Sheriff Officers who attend the security subjects and hand it to the borrower personally where possible.

The Changes

The new legislation sets out formal rules regarding Charges for Removing. It includes:

  • If the address of the borrower is unknown, the Charge will be deemed to be served on the borrower if it is displayed in the Sheriff Court where the borrower’s last known address is located, for the duration of the Charge (usually 14 days).
  • Prior to the ejection date, a ‘Notice of Removal’ must be left at the security subjects and a copy of this Notice must also be sent by First Class post to the address where the Sheriff Officer suspects the borrower is most likely to reside. The notice must give the borrower at least 48 hours notice of the ejection.
  • The notice of removal will carry the same fee as that of a charge i.e. £74.60 in each case.
  • Administrative changes to the manner in which proof of the ejection is documented by the Sheriff Officer

Effect

These are simply procedural changes and it will be the Sheriff Officer, rather than the lender, that will bear the brunt of the administrative burden. We are working closely with our Sheriff Officers to ensure the changes are implemented as swiftly and as effectively as possible and to ensure possession is not delayed unnecessarily.

Catriona Milne, Solicitor


Please correct the errors below before submitting your request:

Get in touch

Our dedicated client contact team prefer to receive enquiries through our contact form. We'll endeavour to get back to you within 24 hours or during the course of the next working day.

Source of enquiry