The Scottish Secure Tenancies (Abandoned Property) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the procedure to be followed by a landlord in respect of property found in a house which has been re-possessed under section 18 of the Housing (Scotland) Act 2001.

Article 2 provides that the tenant will be advised by notice that if the tenant’s property is not collected within a specified time it may be disposed of in accordance with this Order. Article 3 provides that property of a value sufficient to cover the cost of storage will be stored for six months and may thereafter be sold. Article 4 provides that property of a value insufficient to cover the cost of storage may be disposed of.

Article 5 provides that, subject to the landlord’s security for unpaid rent, the landlord shall, on receipt of payment of its expenses, surrender any property to which the Order applies to any person appearing to be a person entitled to delivery. Article 6 provides that the landlord may deduct its expenses and the amount of any arrears of rent from the proceeds of sale of any property to which the Order applies.

Article 8 provides that landlords will maintain for five years, in a register open to public inspection, information as to the houses in which property to which the Order applies has been found.