Arrears and possessions in Scotland

Homeowner and Debtor Protection (Scotland) Act 2010

Following the introduction of the pre-action protocol in England and Wales, the Scottish Government came under political pressure which suggested that homeowners who were in financial difficulty and faced repossession enjoyed greater protection in England and Wales than they did in Scotland. The Scottish Government formed an independent group to look at this issue and their recommendations have now found their way into the Homeowner and Debtor Protection (Scotland) Act 2010. This Act received the Royal Assent on 18 March 2010 and it will be enacted on 30 September 2010.