Notice to Quit and AT6 on grounds 8 and 12. How much notice and wording?

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    Notice to Quit and AT6 on grounds 8 and 12. How much notice and wording?

    Having trouble with a tenant. 4 months into the short assured tenancy, he said there was a break in. reported it to police, he then tried to blame me the landlord saying we entered and stole their new gaming console. Police investigation showed they left the door unlocked. we were not at fault. Tenant then said no one to blame, so will be taking 2 months rent off the summer to help pay for costs he lost.

    start of 11 months, Feb, he text message saying no rent this month, use deposit as rent, will move out end of 11 months. end of story. deposit was never paid in full. He owed 3 months rent and deposit.

    End of the month, text again, saying moving tomorrow.

    Tomorrow arrives, he says he didn't put it in writing so will not be moving out. He then said also He has the right to stay in that property till a court order arrives which could be 3 months, rent free.!!?!

    Sadly, I had already found tenants to move in 1st of March and him now again not paying his 4th month rent, and staying till his end of tenancy 24th March, he has the right to stay (we have gone through this with police also) until 24th March with me serving him a notice to quit.

    On what grounds do I serve the Notice to Quit? It is not ideal for me use Section 33 as it is 2 months notice. My new tenants are now in a B&B until this is resolved costing me £100 a night. MY rental was only £700 a month.

    Can anyone advise me on what my next procedures are?

    I will be sending them a letter of reminder for rent. Also, I know of the Distress for Rent Act 1737. Notice to Quit can be served at what shortest term to gain possession back of property due to them breaking the contract and rent arrears?

    help..they are also on police record for harassment and I am not sure if there are damages to the property, their behaviour make me shaky and they constantly send threats. It is now not a police matter but a civil matter. Taking this to the sheriff court but unsure on what grounds do I obtain possession and the earliest date to do so?

    #2
    Odd: Were tenants not professionally vetted & is there not a zero-tolerance of rent arrears?

    Was the original SaT AT LEAST 6 months?? Can you prove (eg timed & dated & signed) that AT5 was served prior to signature of SaT?? If OK to both then it is probably a SaT: If not to either it will be an AT: And s33 won't apply.

    UK government guidance here
    https://www.gov.uk/tenancy-agreement...ding-a-tenancy
    Edinburgh council documents..
    http://www.edinburgh.gov.uk/download...a_tenancy_pack
    & this
    https://rentingscotland.org/articles...tion-documents
    this may be helpful (as they may be..)
    http://www.tcyoung.co.uk/blog/2011/p...ke-in-scotland

    Are you, landlord & property registered?

    If NLA or SaL or CLA member 'phone them for advice. Does your landlord insurance have legal cover?

    Slàinte mhath!

    PS I would try & say goodbye to your new "tenants" (but they may sue you): The property isn't going to be free for quite some time, you've no idea what state it will be in or what repairs will be needed. NEVER sign up new tenants until you have vacant possession of a property in a state to be re-let..
    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
      Notice to Quit and AT6 on grounds 8 and 12. How much notice and wording?

      I'm wondering if someone can give me some advice

      My tenant has told me he was leaving on 26th of Feb on 4th of Feb, on the day he changed his mind and said he is staying longer till he finds some place to live with his brother.

      The tenants also have missed 3 months rent and tried using their deposit as rent for Feb. They then sent £150 over to the account and I told them their deposit was still due to be paid in full. They still owed money for deposit.

      We have had several police visits to these tenants at the property, with harassment and theft, also a break in.

      Their AST was 12 months on the agreement which should end on 24th march 15. I want the tenants to leave before this, give them a Notice to Quit on Grounds 8 and 12 and also an AT6 form. I believe on these grounds I can give them 2 weeks notice before I proceed with a court summons. Is this correct?

      I am unsure how to word this so it complies with court procedures. Section 3 on AT6 form :

      Part 3
      I/We also inform you that I/we are seeking possession under the above ground / grounds* for the following reasons :-

      Can any one assist on this?

      kind regards

      Comment


        #4
        All was professionally done, constant reminders were sent in the first 2 months rent arrears, and they changed their numbers over 8 times. on visiting the property they contacted the police saying we were harassing them. We were then warned by police that we had to do everything over the phone or mail.
        AT5 signed and dated with photographic evidence prior to SaT. Key agreement all done. Nothing missed.
        Difficult tenants and after the 2 months, they started paying their rent until Feb. And threatened court action against us for their loss of PS4.
        You are right, my new tenants are now looking for new accommodation.

        Comment


          #5
          Two related threads have been merged.
          I also post as Mars_Mug when not moderating

          Comment

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