Scotland - problems with tenant

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Scotland - problems with tenant

    hello,

    I have a problem with my tenant in Scotland. Our agreement lasts to 2017,
    though she hasn't been paying rent, insurance etc. Lately I've decided
    to do something about this situation. Firstly, I've decided to take rent
    deposit and after this I chose charge for payment because rent deposit
    (£3000) didn't cover the full sum (over £5000) for which the tenant is
    liable. Charge for payment was not succesful. Now I'm thinking about
    taking irritancy proceedings however I'm not sure if it's worth all the
    costs I should pay to my solicitor (over £2000), especially that I'm sure
    it's not easy to force my tenant to pay. My solicitor told me about
    the possibility of put place up to auction but this can not be useful as
    she has service shop and again, costs can be higher than valuables.
    Is there any other possibility to sort things out? I would be thankful
    for any sort of advice.
    Obviously I think about end my agreement with this tenant as she is very problematic
    and doesn't seem to have knowledge how to run business.

    #2
    I have very little knowlage on how the Scotish enforcement system works, It is completly diffrent from the english system;

    You may find this usful: http://www.dwf.co.uk/insight/legal-u...ayment-of-rent

    Comment


      #3
      Yes try listing in Scottish section, I have no idea about most of this stuff. Sorry

      Comment


        #4
        I had problem with residential tenants who never paid rents for one year. At the end, I did not use a solicitor to go to court but used information from http://www.scotcourts.gov.uk/ then checked how to notify the intention to tenants when to get out, then hired enforcement officer to deliver court document to tenants after advice from court officers who were very informative This site might help you. Although court officers recommended to use solicitors as my claim was around 5,000. Tenants did not come to the court and I won, then they appealed twice more and never turned up so I got my house back. Commercial tenants are probably different but this website might help you to discuss with your solicitors how to move forwards. Good luck.

        Comment

        Latest Activity

        Collapse

        • Repairs to do, tenants moving out
          Newbiell74
          I need to get my property fully rewired. It will take 1-2 weeks for all the work to be done and hey will have to move out. My letting agent has advised not to charge rent this month which we haven’t. Is this right? Do I also need to pay for hotel bill too? With the worms being carried out and covering...
          20-01-2018, 15:52 PM
        • Reply to Repairs to do, tenants moving out
          theartfullodger
          Since you need your tenants cooperation to dig you out of the hole of not complying with electric laws (see other thread, next time please don't start a fresh thread) you pretty much have no alternative than paying for other accomodation, indeed a smart tenant (they might be viewing, it's a free open...
          20-01-2018, 16:09 PM
        • Reply to Repairs to do, tenants moving out
          Stef Cooke
          Oh! Not sure about Scotland, but I thought the procedure was they continue to pay rent, you can choose to reduce it, and you provide alternative accommodation.

          Hopefully someone versed in Scottish law will be along... good luck
          20-01-2018, 15:54 PM
        • Lodger moving out without notice
          Suzcon
          Hi, looking for some advice. My lodger has lived with me for 3 years, since October her boyfriend has been staying 6 nights a week. I spoke to her about it in November & she said she would “bear it in mind”.
          I have now asked her to move out. She asked what her notice period was & I...
          19-01-2018, 09:55 AM
        • Reply to Lodger moving out without notice
          ram
          I say again, you want the lodger to leave,
          You MUST have the lodger leave.
          You must have her boyfriend leave also.
          she is leaving.

          You have achieved your objective.

          If she loses the new place because you demand rent according to your verbal agreements, she
          ...
          20-01-2018, 11:20 AM
        • Reply to Lodger moving out without notice
          Suzcon
          Thanks for all the conflicting info! Citizens Advice agree that a common law tenant needs to give reasonable notice which is 28 days.
          Also, I haven’t “evicted” her as such, my circumstances have changed & I explained this to her & she had no problem at all & asked again what...
          20-01-2018, 01:48 AM
        • Reply to Lodger moving out without notice
          ram
          1. You want your lodger out.
          2. You have had 3 years of rent.
          3. Give the deposit back, less for any damge, and JOB DONE

          But no, you want MORE rent even though you want your tenant OUT.
          Go to number 1, and repeat.
          20-01-2018, 00:59 AM
        • Reply to Lodger moving out without notice
          AndrewDod
          About 100 miles north east of that. But that would be around 3 hours by car - so about as long as it takes me to drive from London to Leeds.

          Guess it depends on the definition of "better" -- mine would involve less bloody interference, meddling, nannying and pseudo-protection...
          19-01-2018, 21:20 PM
        • Reply to Lodger moving out without notice
          theartfullodger
          Think almost all resident landlords and most lodgers don't understand court requirement.

          Some things (IMHO) re LL/T law are better in Scotland than Engerland, some v v.

          Which bit of the Highlands Sandy? My properties are in Lochaber...
          19-01-2018, 17:24 PM
        • Reply to Lodger moving out without notice
          AndrewDod
          Ahhh.. I missed the Scottish bit in my (spam trapped) response.....
          Why on earth would anyone take on a lodger in Scotland if they have to get a court degree to eject a malign abusive person from their own home? Good grief -- legislators haven't a friggin clue (nor any basic human compassion or...
          19-01-2018, 16:57 PM
        Working...
        X