West Lothian Council delivers

Can I obtain an exchange if I have rent arrears?

Yes, you can still apply for an exchange if you have arrears, as long as you've made regular payments for at least the last three months, and your arrears are reducing.

If my rent is not paid in advance does this mean I am in arrears?

Yes, if your rent is not paid weekly, fortnightly or monthly in advance (depending on how regularly you normally pay), you are considered to be in arrears with your rent.

What action can the Council take to recover former tenant arrears?

If you ignore your arrears, and fail to respond to our arrears reminder letters, your debt will be passed to our Sheriff Officers for recovery. The Council may also take legal action against you to recover the debt, which will lead to additional legal costs. If the Council takes legal action against you, your wages or bank account could be arrested. This will also be disclosed in any reference the Council provides in respect of your tenancy, and could have an adverse effect on your credit rating.

What happens if I can't keep up with my mortgage repayments when I buy my council house?

If you cannot keep up your mortgage repayments because you are sick or become unemployed, you can ask your lender to allow more time to repay your loan. This means you can make lower payments over a longer time. If you can't keep up repayments your lender may go to court and ask to take over your home. But before this happens, many lenders offer arrears counselling facilities which can involve a detailed financial analysis resulting in arranged payments to help you through a difficult period without resorting to repossession. You may wish to consider taking out additional mortgage protection insurance for such eventualities. You should note that the Council does not have to give you another tenancy if you lose your home in this way.

What is a Notice of Proceedings for Recovery of Possession.

A Notice of Proceedings for Recovery of Possession is a warning that the Housing Association or Council may take Court action against you to recover your home. It does not mean you have to move out. It does not affect your right to stay in the home. It does not affect your duty to pay your rent. It is the first step in the legal process which could lead to you being evicted if you don't pay your rent or if you break one of the conditions of your lease.