Eviction to live in the property

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    Eviction to live in the property

    I have a property rented to tenants in Scotland for 1 year but want to move back in early.

    I want to evict on the grounds that we will be living there.

    The contract however is between our Ltd company and the tenant.

    Does this pose a problem given that the LL in this case is not a real person but a company? Would I have to change the contract to our names first?

    Could the tenant stop the eviction?

    Tenant has not been trouble at all, all rent paid up, etc

    Thanks in advance

    #2
    Welcome to LLZ

    This should have been posted in the Scottish forum:
    https://forums.landlordzone.co.uk/fo...l-legal-issues
    I will request it is if possible please be moved.

    I assume this is a PRT: If you have used other paperwork kindly let us know details thereof.

    Well Ground 4 of Schedule 3 of Private Housing (Tenancies) (Scotland) Act 2016 (see NNB below) is
    http://www.legislation.gov.uk/asp/20...ve-in-property
    - for when landlord intends to live in the property: But clearly a corporate body cannot "live" anywhere...

    However, seems sensible for the Ltd company to sell the property to a human (yourself I assume...all taxes and expenses of transaction paid....) then that human to use g4 Sch3 to evict tenant through FTT, then take up residence.

    Suggest you check this with either SaL helpline (are you a member?)
    https://scottishlandlords.com/
    - and/or a solicitor specialising in landlord/tenant matters (ie not a typical high-street solicitor).

    One cannot have it both ways....

    NB Also note if you then don't take up occupation tenant is entitled to up to 6 months rent.
    NNB This ground was not available in the old AT/SaT tenancies and is an example of why the new PRT has advantages for landlords. There are of course also disadvantages: e.g. no longer the "for no reason at all" eviction route available with SaT.

    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...

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