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Housing Law in Scotland$
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Peter Robson

Print publication date: 2011

Print ISBN-13: 9781845861117

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861117.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 July 2022

Loss of Housing and Eviction

Loss of Housing and Eviction

(p.191) 6 Loss of Housing and Eviction
Housing Law in Scotland

Peter W. G. Robson

Edinburgh University Press

This chapter focuses on issues that arise from loss of housing and eviction in Scotland. Traditionally, if a property owner had debts relating to the property such as repairs to common parts like the roof, a creditor could raise an action of adjudication. This meant that the owner could be forced to sell the property to meet the debts. This has been replaced by the process of land attachment. Not all property owners, however, own their properties outright. They have to borrow to buy the house or flat they live in. This chapter first considers two forms of assistance available to those displaced from their homes: the mortgage to rent scheme and assistance available under the homelessness provisions of the Housing (Scotland) Act 1987. It then examines eviction from rented property, with particular emphasis on security of tenure and grounds of possession with respect to assured tenancies, short assured tenancies, and short Scottish secure tenancies. It also discusses unlawful eviction and harassment of tenants by their landlords.

Keywords:   housing, eviction, Scotland, property owners, mortgage to rent scheme, homelessness, Housing Act (Scotland) 1987, rented property, unlawful eviction, harassment

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