Sheriff Courts (Scotland) Act 1907

PART I S SEQUESTRATION FOR RENT

Actions craving payment [F1 of rent] S

34.1. (1) In an action for sequestration and sale—

(a) for non-payment of rent,

(b) for recovery of rent, or

(c) in security of rent,

whether brought before or after the term of payment, payment of rent may be craved; and decree for payment of such rent or part of it, when due and payable, may be pronounced and extracted in common form.

(2) There shall be served on the defender in such an action, with the initial writ, warrant and citation, a notice in Form H1.

Textual Amendments

F1 Words in rule 34.1 heading substituted (1.11.1996) by S.I. 1996/2445, para. 3(57)

Prospective

Warrant to inventory and secure S

34.2. (1) In the first deliverance on an initial writ for sequestration and sale, the sheriff may sequestrate the effects of the tenant, and grant warrant to inventory and secure them.

(2) A warrant to sequestrate, inventory, sell, eject or relet shall include authority to open F2 . . . shut and lockfast places for the purpose of executing such warrant.

Textual Amendments

F2 Rule 34.2(2): comma omitted (1.11.1996) by S.I. 1996/2445, para. 3(58)

Sale of effects S

34.3. (1) In an action for sequestration and sale, the sheriff may order the sequestrated effects to be sold by a sheriff officer or other named person.

(2) Where a sale follows an order under paragraph (1), the sale shall be reported within 14 days after the date of the sale and the pursuer shall lodge with the sheriff clerk the roup rolls or certified copies of them and a state of debt.

(3) In the interlocutor approving the report of sale, or by separate interlocutor, the sheriff may grant decree against the defender for any balance remaining due.

Prospective

Care of effects S

34.4. The sheriff may, at any stage of an action for sequestration and sale appoint a fit person to take charge of the sequestrated effects, or may require the tenant to find caution that they shall be made available.