Correct procedure for eviction

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    Correct procedure for eviction

    Hi

    I have been living overseas and renting out my property for 4 years. I am returning to Scotland and wish to live in my property. The lease expires in October 2018 and I think it's an assured tenancy given it commenced prior to the changes in December 2017.

    I want to be fair to the tenants and give them ample time to find a new rental but also keen to follow correct procedure to protect myself in case of any unexpected disagreement.

    I just wanted to clarify the correct action to take and correct notice period. I think I issue a notice to quit and require 2 months notice is this correct? Just about confused with the new changes of the notice remains 2 months for assured tenancy or of the 84 days applies as per new rules

    I'm happy to be flexible if the tenants need longer but want to be covered legally just in case

    Any advice/guidance would be gratefully received

    Thanks

    Dumbo

    #2
    Can you prove you served AT5 prior to signature of a "Short Assured Tenancy" and that initial term was at least 6 minths?

    What grounds were served prior to tenancy?

    Good guidance on SaL & Shelter Scotland websites.

    If tenants do nothing when asked in notices (they don't have to) process is now through FTT rather than Sheriff Court.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Hi

      Many thanks for responding so promptly

      I am unable to evidence serving an AT5 as it did not happen. What are the consequences of this?

      Many thanks

      Dumbo

      Comment


        #4
        In that case it is an "Assured Tenancy" rather than a "Short Assured Tenancy" so no process for "no fault", just giving valid time notices (NTQ & S334 notice) of so many months.......

        See....
        https://scotland.shelter.org.uk/get_...ured_tenancies


        You have probably five options....
        a) Ask tenant nicely to leave
        b) Bribe tenant nicely to leave
        c) Serve AT6 & S33 anyway (SaT eviction notices) and pray tenant leaves...
        d) Evict as AT under ground 1, but only of you have prove you served valid notice you might do so before tenancy started.
        e) Live elsewhere, either buying another property or renting: As new tenancy it will be a PRT so you'll have security of tenure as long as you abide by contract (keep paying rent etc..) but can give NTQ to your landlord after 28 days of tenancy start.

        In your shoes I'd make plans to rent somewhere else, just in case.

        Contact SaL helpline & see what they advise
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Many thanks for your excellent advice

          I have a good relationship with the tenants so I'll speak to them and let them know their options and see what we can work out. I quite agree with tenants being protected so if I have to rent elsewhere due to my errors in setting up the tenenacy so be it

          Many thanks again

          Comment


            #6
            Hi

            Further to the above situation I spoke with the tenant and they agreed to vacate in 2 months time. I thought we had resolved the situation amicably however they then did not pay rent on 30th August to cover the month of September and then vacated the property at the weekend (9th September).

            I was hoping for some advice regarding next steps. Should I thank my lucky stars they have left and chalk this up to a lesson learned or is there a process that might result in payment of at least this month's rent?

            Comment


              #7
              Call your landlord association
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment

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