Eviction Notice (Scotland)

bod1467

We live in Scotland (in case Scottish law/rules differ from England).

#1 daughter is at uni in Glasgow. She started a 12 month short assured tenancy (for 12 months) on 1st June 2012, a 3-bed flat (with HMO) that she shares with 2 friends. They were advised on entry that building works were planned to be done whenever council permission was given (works to roof, plus other works as yet undetermined). They were also advised (by the letting agency) that should such works start whilst they were tenants then they would be found alternative accommodation (but I don't know if this was in writing in the contract).

They have now been served with an eviction notice (to vacate the premises by 4th December 2012). Letting agency appears to be reneging on their promise to supply alternative accommodation (alleging that they have no properties available).

What rights do these tenants have?

I have advised her/them to visit CAB in Glasgow, taking all their paperwork, to see what they say, but I'd appreciate any thoughts or comments anyone may have. If you need further info just shout.

agrinnall

If it takes a while to get an appointment at CAB I would have thought that the University accommodation service should be able to help. My own view is that if the tenancy agreement is for 12 months with no break clause then there is no chance of an eviction notice being valid unless the TA has been broken in some significant way, which doesn't seem as if it has. If the LA doesn't have a suitable property then the LL will have to find an alternative.

rpc

What notice has been served?

What ground is being used?

When was noticed served? You should receive notice to quit and an AT6.

Ground 6 can be used if the work cannot be carried out while tenants are resident, but the tenants are entitled to reasonable moving expenses. Notice is two months.

edit: go see these people - http://www.glasgowstudent.net/advice/

bod1467

Thanks for the quick responses. I'll let my daughter know about this thread so she can be better informed.

I don't have a copy of the notice here, but I do recall AT6 being mentioned on one of the documents. The notice was collected from the PO last Friday (it had to be signed-for and nobody was at the flat when delivery was attempted, I think a week earlier). So the two months notice period looks like it has been complied with.

Thanks again.

rpc

Assuming the notice was posted sufficiently before the 4th, it does sound as if the notice period is OK.

The next thing to check is the ground used and that the notice to quit and AT6 are all in order. The Glasgow SRC that I pointed you at should be able to do this.

bod1467

Thanks. I've emailed my daughter with a link to this thread, and with that link you posted.

She paid a deposit when moving in (one month's rent equivalent I think) and rental has been paid by DD.

I assume the deposit should be refunded - what timescale?
Should she stop the DD for rental?
Utilities - she (and the other tenants) are paying for gas, electric, phone etc. - what do they do about these? I know the phone/BB is a 12 month contract with Sky - are the LA and/or LL liable for any early termination charges?

rpc

I assume the deposit should be refunded - what timescale?

Fairly quickly if there are no deductions to be made.

Should she stop the DD for rental?

No, rent is still due and she is obliged to pay it until the end of the tenancy. The fact that the tenancy may end early has no bearing on this.

Utilities - she (and the other tenants) are paying for gas, electric, phone etc. - what do they do about these? I know the phone/BB is a 12 month contract with Sky - are the LA and/or LL liable for any early termination charges?

With utilities, you just give meter readings when you leave and settle the final bill same as if she had been there the full year.

Early termination charges are harder and I don't know of any precedent on these. The LL has to pay reasonable moving costs and the T could argue that, as they resonably expected to be there 12 months, these are reasonable moving costs.

Another thought - do you know the scope of the work to be done and is it clear that daughter wouldn't want to live there during it? If they are using Ground 6 it has to be pretty severe or the tenant has to be obstructive:

the relevant landlord cannot reasonably carry out the intended work without the tenant giving up possession of the house because—
(i)the work can otherwise be carried out only if the tenant accepts a variation in the terms of the tenancy and the tenant refuses to do so;
(ii)the work can otherwise be carried out only if the tenant accepts an assured tenancy of part of the house and the tenant refuses to do so; or
(iii)the work can otherwise be carried out only if the tenant accepts either a variation in the terms of the tenancy or an assured tenancy of part of the house or both, and the tenant refuses to do so; or
(iv)the work cannot otherwise be carried out even if the tenant accepts a variation in the terms of the tenancy or an assured tenancy of only part of the house or both.

But that only applied if it is Ground 6 being used and we don't yet know.

bod1467

I'll ask my daughter to scan and email me the notice. (It's several pages).

Re. DD - I expected that to be the case.

Re. Utilities - it's really the phone/BB which has the contract period. The other utilities are metered like you say.

bod1467

Had a call from my daughter tonight ... they've found another flat, almost round the corner (!) that they're going to look at again tomorrow. This is with a different LL and is direct with him, not through a LA. Same monthly cost and (she says) it is a much, much nicer place.

rpc

In which case you may be able to transfer the Sky if there is a dish fitted.

It is still important to know the ground she is being evicted on. If it is Ground 6, she has the opportunity to get her costs paid by the landord. If the LL does not agree, they end up in front of the sherriff. This move should not cost her any money (rent differences, etc aside).

bod1467

No Sky dish, just phone and BB. This started in August (I think) due to delays in getting BT OR to activate the phone line. (Was previously a VM cable service in the property).

Like I said, I've aksed her to scan and email me the eviction notice (lots of sheets). Once I get it I can advise the grounds for eviction.