Help, Murder in my rental property!!

BeardedWonder

Just suggesting such requests should be submitted with a more dignified tone and style. Appreciate it's a unique and traumatic situation where advice is required.

Engeroosi

Im not sure where I stand. I am a member of the local landlord council so will ask for advice there.

I do think the standing order will continue to pay the rent untill the bank rejects to pay. But I would rather sort it out sooner rather than later as it is best for all concerned!]

G_M

mynameisclare wrote: »

Anyway, don't tenants have a responsibility to actually live in the property and not abandon it? If the guy is imprisoned, or even just on remand for ages, then even if he does pay the rent it would still seem reasonable to end the contract.

You have a point. Most tenancies have clauses requiring#
a) no illegal activity
b) the property cannot be left unoccupied for more than (30? 45? 60?) days. This is due to a similar requirement in most building insurance policies which would be invalid if breached.

Repossession could be sought in the normal way (via the courts) for tenancy breaches like these.

Engeroosi

bearded wonder i understand where you are coming from but here isnt the place for me to be sentimental. I need to seperate business from personal. I am here for advice, i go to my wife and family for personal issues which is what i have done all day.

DVardysShadow

BeardedWonder wrote: »

Just suggesting such requests should be submitted with a more dignified tone and style. Appreciate it's a unique and traumatic situation where advice is required.

I think actually you have a whole load more grounds to rebuke me for my comment than you have to have a go at engeroosi.

Engeroosi

I might be right in just saying if I give the tenant notice of a month which is all that is required then there wont be any dispute from the tenant seeing as they wont be requiring the property and the deceased family will collect any belongings.

theartfullodger

Re;

I might be right in just saying if I give the tenant notice of a month which is all that is required then there wont be any dispute from the tenant seeing as they wont be requiring the property and the deceased family will collect any belongings.

Does deceased family have authority from remanded prisoner to do this ?? In your shoes I'd want it confirmed in writing. Ditto written confirmation from living tenant that they are happy to surrender property & contents.

(My thinking being to avoid grounds for arguement if they are eventually acquitted & want everything, including the property, back...)


You need to establish ( I did ask..) if you are in the initial fixed term or the subsequent, rolling on as per tacit relocation etc etc or not (please)and also if rolling on on what periods (can be 1 month, 2 months, 6 months, whatever the tenancy says..).

Also can you prove you served AT5 before the tenancy was signed (dated, timed & witnessed??). As you state no corners cut the answer must be YES so no worries about it being an AT not a SAT so you will be able to give notice. Suggest you double-check your paperwork first to avoid embarrassment before the Sheriff.

Re. period of notice you must give, ignoring the fixed period question then see here for excellence advice..
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants

in particular

About the eviction process

If your landlord wants you to leave when your fixed period comes to an end they must:

• give you a notice to quit, and
• give you at least two months' notice in writing that they want the property back (this is known as a section 33 notice).

If you have not left by the end of the fixed period:

• your landlord will have to tell the sheriff court that they want to evict you
• you will be sent a summons telling you when your case will be heard at court
• your case will come to court
• sheriff officers will be sent round to remove you from the property.

Where did you get evidence/authority for the one month notice "which is all that is required" from?? I'll gladly advise Shelter they are wrong as you must have many demands on your time..

See Scottish Government advice on notice periods etc etc here..

http://www.scotland.gov.uk/housing/leaflets/atsy-03.asp


Cheers!


Artful

tyler80

You need to establish ( I did ask..) if you are in the initial fixed term or the subsequent, rolling on

It's already been answered

The tenancy was month to month as the initial period was 12 months which has passed

Engeroosi

artful I did post that it was rolling month to month contract as the fixed period had expired! I assumed as it was month to month it would be a months notice. I am seeking advice before I do anything to ensure I do it all legally.

Tanks for your advice and Ill ave a read through the link

BeardedWonder

Engeroosi wrote: »

bearded wonder i understand where you are coming from but here isnt the place for me to be sentimental. I need to seperate business from personal. I am here for advice, i go to my wife and family for personal issues which is what i have done all day.

Understand your interests are at stake which you need to resolve. Death is monstrously bureaucratic and you are in a very unusual position.

Am aware this is a money board not some Oprah sob-fest, but without wanting to labour the point some slightly softer language could've been used. Yes, it's business but it can still be done with a certain style...

Not looking to get involved in an internet cat-fight, good luck resolving this. I hope for the best possible outcome for all concerned.