Delivering a Notice to Leave

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    Delivering a Notice to Leave

    I have a tenant who has just failed to pay their 3rd consecutive rental payment, I am now intending to give them a Notice to Leave. I would prefer to hand it over personally but if they are not at the property at the time, is it acceptable proof of delivery to post it through the door of the rental property with a witness videoing the delivery? Any other advice would be appreciated especially around getting the unpaid rent paid. I’m a relatively new landlord dealing with my first issue, I have made several attempts to resolve this issue with the tenant, including offering payment plan discussion etc without any progress. Thanks in advance.

    edit : private residential tennancy commenced early June 2018

    #2
    What "notice to leave"? You need to serve s21 and s8.

    Personal delivery ok if judge believes your proof.

    Not likely to get a good reaction at Xmas. Post it instead, with **free** proof of postage from 2 different post offices.
    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...

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      #3
      https://www.gov.scot/publications/pr...notices-forms/

      Sorry should have been clear, the property is in Scotland.

      Comment


        #4
        Apologies, I'd missed it was Scotland: .When did he 1st move in & when was last tenancy signed?
        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
          The tenancy agreement was signed on 15th June and move in date was 19th June, it is a Private Residential Tenancy.

          Thanks

          Comment


            #6
            https://scotland.shelter.org.uk/get_...enancy_tenants

            & Guidance from SaL website & helpline
            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


              #7
              Thanks for that, I just want to check that I’m ok to send a notice to leave now as they have now missed their 3rd consecutive rent payment which would be for the month up until mid January?

              Thanks for the advice and Merry Xmas

              Comment


                #8
                http://scotland.shelter.org.uk/legal..._possession#16
                Ground 12: Rent arrears


                Mandatory ground if there have been arrears for at least three consecutive months and at least one month’s rent in total is owed on the day of the tribunal hearing.
                So sounds like 3 consecutive months already and cross fingers there's at least a month owing when it gets to FTT.

                How all involved have a good Xmas

                Slàinte mhath!
                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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