# The Scottish Secure Tenancies (Proceedings for Possession) (Pre‑Action Requirements) Order 2012, Note: Explanatory note


(This note is not part of the Order)
This Order makes provision in relation to the pre-action requirements set out in section 14A of the Housing (Scotland) Act 2001 (“the 2001 Act”).
Landlords are required to comply with these pre-action requirements before making an application to the court for recovery of possession of a property (under section 14(2) of the 2001 Act).
Article 2 makes further provision about in relation to the requirement of a landlord to provide a tenant with certain information about the rent arrears and any other outstanding financial obligation of the tenancy.
Article 3 makes further provision in relation to the requirement of a landlord to make reasonable efforts to provide the tenant with information about sources of advice and assistance in relation to housing benefit and other sources of financial assistance.
Article 4 makes further provision in relation to the steps a landlord must take in complying with the requirement to make reasonable efforts to agree a plan for future payments.
Article 5 makes further provision in relation to the steps a landlord must take in considering the effects of any likely housing benefit entitlement on the outstanding rent and any other outstanding financial obligation of the tenancy.
Article 6 makes further provision in relation to the steps a landlord must take in determining whether steps taken by the tenant are steps which are likely to result in payment within a reasonable time.
Article 7 makes further provision in relation to the steps a landlord must take in dealing with any failure by the tenant to comply with the terms of a plan agreed for the purposes of section 14A(5) of the 2001 Act.

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Source: https://www.legislation.gov.uk/sdsi/2012/9780111016336/note (the official version)
Page: https://openlegislation.uk/draft-scottish-secure-tenancies-proceedings-for-possession-preaction-requirements-order-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.