Sheriff Courts (Scotland) Act 1907

S sequestration for renT

Actions craving payment of rent S

99 F1 (1). In actions for sequestration and sale in respect of non-payment of rent, for recovery, or 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 thereof when due and payable, may be pronounced and extracted in common form.

[F2 (2) There shall be served on the defender in such actions, along with the initial writ,warrant and citation, a notice in accordance with form H8 as set out in the Appendix to the Schedule.]

Textual Amendments

F1 “(1)” inserted by S.I. 1988/1978, para. 14(a)

F2 Rule 99(2) inserted by S.I. 1988/1978, para. 14(b)

Warrant to inventory and secure S

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

(2) All warrants to sequestrate, inventory, sell, eject or relet shall include authority to open shut and lockfast places for the purpose of carrying such warrant into execution.

Sale of effects S

101 (1) The sheriff may order the sequestrated effects to be sold at the sight of an officer of court or other named person.

(2) When a sale follows it shall be reported within 14 days and the pursuer shall lodge with the sheriff clerk the roup rolls or certified copies thereof 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.

Care of effects S

102 The sheriff may at any stage 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.