Not sure what to do

Mrs_Z

Yes, being a landlord is not just putting your feet up and counting the money rolling in....

No, seriously, there's a lot of free information available on the internet about the various legal aspects of lettings. Being a newby landlord (or lady) myself, I have recommended www.residentiallandlord.co.uk on this forum several times. Not because I have any connection with them, but because I've found it very helpful source of information. They also do a landlord's forum there, which I find very useful.

If you feel that you are not up to managing the property yourself, you could get a letting agent to do the rent collection and property management for you, but of course, you'll have to pay for the priviledge handsomely.

theartfullodger

Serving NTQ in Scotland, should you need to take her to court, is only valid if served by Royal Mail recorded-signed-for or sheriff officers. Yes, even if she signs your copy when you give her a notice would not be valid -Sheriff Courts (Scotland) Act 1907 ............. (Schedule1, s34.8 ). The law has recently changed on what notices are required also..[FONT=Arial Black, sans-serif]Private Housing (Scotland) Act 2011[/FONT] - which also increased the maximum fine for unregistered landlords to £50k (you are registered ain't you??).


If not already a member join SaL and then you can ask that nice John Blackwood for advice if it gets tricky later..


http://www.scottishlandlords.com

Beware some of the advice above - being in Scotland the law is very different as I'm sure you know...


Cheers!

Hope it works out

Accidental_Landlord_1

:rotfl:Mrs Z - I am under no illusions about that - like I said, we didn't get into this to become millionaires.

I have looked at Landlordzone and I think the site you have suggested but I can't find anything specific to Scotland as I know we have different laws up here.

Accidental_Landlord_1

Thanks the artful lodger - I didn't know about that site, why hasn't it come up when I have been searching for information. Will go and have a look just now.

I didn't know that it wouldn't be classed at being given notice if it wasn't served my Sherriffs or by signed for recorded delivery.

Accidental_Landlord_1

Wow just had a look at the Scottish Landlord site and it is £90 to join - really can't afford that at the moment. Never mind

theartfullodger

Accidental_Landlord_1 wrote: »

...........

I didn't know that it wouldn't be classed at being given notice if it wasn't served my Sherriffs or by signed for recorded delivery..

Yeah - only if it gets to court - if you simply give Tenant notice (say hand it to her..) and she leaves, fine.. Problem is if she doesn't and if she has a good lawyer when you both appear in front of Sheriff.

Suggest you re-read my earlier post as I was revising it - not sure which version you read..

Landlordzone FORUM has a subsection on Scottish matters with a list of maybe useful info (apologies, I wrote most of it..) see...
http://www.landlordzone.co.uk/forums/forumdisplay.php?20-Scottish-Rental-amp-Legal-Issues

maginot

socrates wrote: »

Absolute rubbish Housing Benefit pay an allowance based on a room rate or shared accommodation - where a tenant lives is - up to them - as long as they can afford the rent - be it 1 room or 10 so this is not a reason for eviction or a clause to stand by.

In simple terms to the OP start proceedings to evict but I would stick to LandlordZone.com for your quesrtions on this subject - there is a specific section for LHA/HB queries.

What? Did you bother to read any of my point or the OPs question? I clearly stated the above and that their benefits do not cover the rent. The tenant is already behind on rent so is unable to afford the rent. Of course they can stay where they want but this person has no other funds and her benefits only covers shared accommodation. Not sure what part of this you don't understand!

poppysarah

How likely is she to get a job soon?

If she's interviewing them she might be able to get back on her feet and pay you back.

theartfullodger

Accidental_Landlord_1 wrote: »

Wow just had a look at the Scottish Landlord site and it is £90 to join - really can't afford that at the moment.....

Err... It's tax deductible and frankly it's probably the best source of help and advice for £90 you'll find..

If you can't afford £90 then what will you do if you end up with protracted court proceedings whilst the rent ain't being paid?? Particularly if some of your paperwork turns out to be invalid & you have to start the court process again. I'd 'umbly suggest you can't afford not to get good advice at this time.

Apologies for being blunt.. (Been there, but have so far recovered £6k+ of unpaid rent from ex-tenants... If I'd know what I was doing better the debts would have been much less in the first place... as I'd have got tenants out quicker..)..

?? You can PROVE you served AT5 on tenant before she signed the tenancy and it was witnessed?? (This may be kinda critical..)

Accidental_Landlord_1

theartfullodger wrote: »

Err... It's tax deductible and frankly it's probably the best source of help and advice for £90 you'll find..

If you can't afford £90 then what will you do if you end up with protracted court proceedings whilst the rent ain't being paid?? Particularly if some of your paperwork turns out to be invalid & you have to start the court process again. I'd 'umbly suggest you can't afford not to get good advice at this time.

Apologies for being blunt.. (Been there, but have so far recovered £6k+ of unpaid rent from ex-tenants... If I'd know what I was doing better the debts would have been much less in the first place... as I'd have got tenants out quicker..)..

?? You can PROVE you served AT5 on tenant before she signed the tenancy and it was witnessed?? (This may be kinda critical..)

You are right and I appreciate you being blunt - and in answer to your earlier question - yes I am registered.

I did serve an AT5 at the time of signing the lease and it was witnessed......by her father.

I am not too worried about her not going, she might even be relieved (maybe the wrong word but you know what I mean) that she could go without incurring any extra debts.