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Section 11 Notice

If you are a social, private landlord or a creditor, you are legally required to tell us when you take action which puts a household at risk of homelessness due to eviction. You must do this before you submit an application to the First Tier Tribunal.

This is required under Section 11 of the Homelessness Etc (Scotland) Act 2003. This legislation aims to make sure we know in advance when a household is at risk of being evicted or having their home repossessed. If we know this, we can offer help to households at risk at an early stage and aim to prevent homelessness.

Purpose of the Section 11

We will use the information provided to us as part of a landlords’ or creditors Section 11 duties, to inform strategic planning on preventing homelessness and providing homelessness services.

Prevention work will be carried out by Housing Options Officers within Fife Council, allowing households at risk help at the earliest opportunity. It is critical the household accepts help offered, essentially allowing households at risk to remain in the property and prevent homelessness at the outset.

If you would like further information, please see the sections below:

Landlords

If you are a landlord, you must tell us when you raise proceedings for possession of a home.

Earlier intervention and prevention work will be carried out with your agreement, when you serve notice to leave or indicate that you may proceed to court action. This allows maximum time to explore all other avenues available to the tenant, to avoid eviction and reduce the risk of homelessness.

Private Landlords will be contacted by a Housing Options Officer to discuss implications for the tenant, they will negotiate a resolution, preventing homelessness where possible.

Prevention work will be around:

  • Rent arrears including:
    • a shortfall in Universal Credit or housing benefit
  • Income maximisation
    • Challenging & appealing benefits or tax credit decisions
  • Seeking support for vulnerable households to sustain the tenancy
  • Referral for short term housing support (STHS) allowing tenancy sustainment

In certain cases, the Housing Options Officer may refer households for welfare support based on the household circumstances.

Housing Option Officers will support landlords to direct their tenants to access Fife Council or partner services to support their tenants at risk of homelessness.

If you would like further information, please email Housingoptions.prs@fife.gov.uk

If discussions fail to resolve the issue, or save the tenancy, you can notify us using the form below:

Please download, complete, and email the completed Section 11 notice to Section11.Referral@fife.gov.uk.

Creditors

If you are a creditor, you must tell us when you:

  • Serve a calling up notice requiring discharge of the debt secured
  • Serve a notice of default calling on the debtor to remedy a default
  • Apply to the court for a warrant to exercise remedies on default
  • Raise proceedings to evict a proprietor

Information on the notice is limited due to the data protection Act 1998. Limited sharing of data causes difficulties in looking for ways to help prevent homelessness for the household concerned.

If you would like further information, please email Housingoptions.prs@fife.gov.uk

Where a resolution to prevent homelessness is not possible, please notify us using the Section 11 notice by Creditor form below:

Please download, complete, and email the completed Section 11 notice to Section11.Referral@fife.gov.uk.

Tenants

Landlords are legally required to tell us that they plan to go to the First Tier Tribunal in order to take possession of your property. They are required to keep us informed in this way under legislation in Scotland.

At this point there is a risk of becoming homeless, but it is never too late to get help to stop you from losing your home. It is important to get the appropriate advice as soon as possible.

Please contact the council at the earliest opportunity and ask for help or support.

Further information for tenants

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Homeowners

If the lender is taking repossession action, they are legally required to tell us that they plan to go to raise court proceedings to take possession of your property. They are required to keep us informed in this way under legislation in Scotland.

Please contact us at the earliest opportunity, and ask for help or support.

Further information for homeowners

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Last updated: 07 Nov 2023