Landlord evicting us

stormbreaker

Kerry did you look at the correct web site for Scotland?

http://scotland.shelter.org.uk/home

There is some protection under The Rents Scotland Act, but does depend on the wording of your lease.

amcluesent

>we going to have to look for somewhere else<

Rather than defend your rights, why not negotiate with the LL and accept a couple of grand cash-in-hand to leave quietly and LL gives good references?

G_M

Not sure where the OP says he's in Scotland.

Are you?

ffacoffipawb

G_M wrote: »

Not sure where the OP says he's in Scotland.

Are you?

Probably, as Musselburgh is near Edinburgh:

http://en.wikipedia.org/wiki/Musselburgh

G_M

ffacoffipawb wrote: »

Probably, as Musselburgh is near Edinburgh:

http://en.wikipedia.org/wiki/Musselburgh

Well I must be going blind - can't see a reference to Musselburgh either!

OP - are you in Scotland?

Dumyat

if you look under a person's name on left of post, it says location.

Gorgeous_George

amcluesent wrote: »

>we going to have to look for somewhere else<

Rather than defend your rights, why not negotiate with the LL and accept a couple of grand cash-in-hand to leave quietly and LL gives good references?

:rotfl: in you dreams.

GG

casper_g

Sounds like the landlord is trying to use Section 18 Ground 1 of the Housing (Scotland) Act 1988 (see below for the text from the Act). This is similar to Section 8 Ground 1 of the Housing Act 1988 in England and Wales, and is a mandatory ground ie, the sheriff must award the landlord possession if the ground can be proved to apply.

Did the landlord give notice in writing at the start of the tenancy that this might happen? If not, the court at least has the discretion to side with the tenant!

SCHEDULE 5


Section 18

Grounds for Possession of Houses let on Assured Tenancies

Part I Grounds on which Sheriff must order Possession

Ground 1

Not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground or the sheriff is of the opinion that it is reasonable to dispense with the requirement of notice and (in either case)—
(a) at any time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the house as his only or principal home; or
(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the house as his or his spouse’s only or principal home, and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title from the landlord who gave the notice mentioned above acquired the landlord’s interest in the tenancy for value.

mwahaha

casper_g wrote: »

Sounds like the landlord is trying to use Section 18 Ground 1 of the Housing (Scotland) Act 1988 (see below for the text from the Act). This is similar to Section 8 Ground 1 of the Housing Act 1988 in England and Wales, and is a mandatory ground ie, the sheriff must award the landlord possession if the ground can be proved to apply.

I think the landlord would still need to be outside the fixed term, or have a break clause, (like England):

18 Orders for possession

(6) The sheriff shall not make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, unless— (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 10 or Ground 17; and ...

casper_g

Ah, thanks for clearing that up! I hadn't quite realised how that bit worked. So, there's not really much advantage in that ground for the landlord compared to using the usual section 21 notice: it only works outside the fixed term, and it requires 2 months' notice. That's a bit of a relief since my own AST makes mention of Section 8 Ground 1....