Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processes
Produced in partnership with Alistair Drummond of DLA Piper

The following Property Disputes practice note produced in partnership with Alistair Drummond of DLA Piper provides comprehensive and up to date legal information covering:

  • Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processes
  • Enforcement procedures—steps following expiry of notices
  • Entering into possession
  • Voluntary surrender of property by owner to secured creditor
  • Court proceedings
  • Pre-action requirements where property falls in the residential properties regime
  • Raising court proceedings following the carrying out of the pre-action requirements
  • Court proceedings in respect of properties that do not fall into the residential properties regime
  • Sale by secured creditor
  • Distribution of sale proceeds
  • More...

Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processes

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect the following:

  1. proceedings against commercial tenants from termination on the grounds of non-payment of rent, see: Commercial leases and CIGA 2020

  2. insolvency legislation of both a permanent and temporary nature including the presentation of winding up petitions, service of statutory demands and making of winding up orders, safeguarding commercial tenants against aggressive rent collection tactics, see: CIGA 2020

  3. service of various notices in relation to private residential tenancies, and assured and short assured tenancies, see: Residential tenancies

  4. enforcing standard security and repossession proceedings against borrowers, see: Enforcing standard security

  5. practice and procedure in the First Tier Tribunal for Scotland (housing and property chamber) procedure, see: First Tier Tribunal for Scotland (housing and property chamber) procedure

  6. suspension of the Registers of Scotland application record and the launch of the Digital Submission Service, see: Registers of Scotland

For further information and guidance, see Practice Note: Coronavirus (COVID-19)—property in Scotland and for an archive of news on Scotland and Scots law developments, see: Coronavirus (COVID-19)—Scotland tracker—Property and Property disputes.

This Practice Note considers the second stage of enforcement of standard security over heritable property in Scotland. It deals with the steps creditors may take following expiry of notices, namely:

  1. voluntary

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