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South Ayrshire Voluntary Accreditation Scheme (SAVAS)

Section 11 of the Homelessness etc (Scotland) Act 2003 will come into force towards the end of 2005. This places a duty on landlords (and banks) to give notice to the local authority when they raise proceedings for possession. This is to allow the local authority to take account of potential homelessness when planning services or to take action to prevent the homelessness from occurring.

In readiness South Ayrshire Council has drawn up an eviction protocol that has been adopted by SAVAS members and is under consideration by the South Ayrshire Landlords Association, SALA. The protocol offers guidance as to procedures that should be followed for the varying types of breach of tenancy agreements. Whilst it recommends that eviction should be a last resort in all cases Private Landlords are asked to provide that tenant with information on all local social housing providers in the event of an eviction notice being served and the Landlord would be required to provide a reference if the tenant chooses to apply to the Council or any of the Registered Social Landlords. Under the current legislation, South Ayrshire Council would not accept an evicted tenant onto the housing waiting list if there were outstanding rent arrears or if their tenancy was conducted in an unsatisfactory way. If they are being evicted, simply because the lease has come to an end, then the tenant can join the Council’s Housing Waiting List.

Eviction Protocol (31KB)