We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Eviction Notice (Scotland)
Comments
-
Still no email yet from daughter.
However - a supplementary question ... they have signed for the tenancy of the "new" flat. What rental will they owe for the old flat?
1. Is it only up until they move into the new one?
2. Is it up until the end of this month (October)?
3. Is it up until the end date of the eviction notice (4th December)?
4. Other?
I'm hoping (for her sake) that it is 1, although 2 is also probably reasonable.0 -
Probably up to the end of the notice to quit unless the landlord agrees to an early surrender in writing or they serve counter notice on the landlord. What does it say in the notice to quit they received given there are lots of sheets?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
-
I can't remember - I only saw it once (briefly) and haven't yet received the scan of it. What I DO remember is that it was an AT6 notice (on the grounds of disruptive building works I think), and that the tenants have UNTIL 4th December to vacate the property. (That date is purely because the LA/LL have to give 2 months notice).
If the tenants are being forced to source alternative accommodation because of actions by the LA/LL, why should they be out of pocket having to potentially pay rent for TWO properties until the eviction date?0 -
IMO (and it is just an opinion) they are not being forced to, they chose to sign another contract when they are still party to the old one. Appreciate they are young but they need to start carefully reading what they sign and any legal documents they receive.
The notice to quit doesn't expire for another six weeks and then presumably the landlord would have to seek possession through the courts if they did not leave. They are likely at liberty to ask the landlord to agree to an early surrender or serve counter notice.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Being pedantic, the AT6 isn't notice to quit it is "Notice of intent to raise proceedings". The notice to quit is also required and although it normally has the same notice period, it is not strictly required to.
No counter-notice can be served as a fixed term is currently in force and it binds the tenants.
The tenancy cannot end until the expiry of the notice unless you agree mutual surrender. This may go down well with the LL - they have given the minimum notice they can but they might like to crack on and get the works done sooner.
If the disruptive building works are mentioned on the AT6 then that is Ground 6.
An offer should be made to the landlord, citing section 22 of the Housing (Scotland) Act 1988, setting out your expected expenses. At this stage, play nice. "We have found a new place, would like to move out early and end the tenancy early. Here are our expected expenses you should pay as per the housing act". Ultimately, you are not obliged to leave until the LL has been to court and if the LL does not agree to reasonable expenses then you will have to take it to court. If your offer is reasonable, this could cost him £££. But be nice for now(1)Where the sheriff makes an order for possession of a house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 5 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the house.
(2)Any question as to the amount payable by the landlord to a tenant by virtue of subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the sheriff.
If it gets to the "not nice" stage, it would be worth taking advice as to whether you should pursue these expenses through the small claims or force the LL to commence eviction proceedings. I do not know the answer to this.0 -
Being pedantic, the AT6 isn't notice to quite it is "Notice of intent to raise proceedings". The notice to quit is also required and although it normally has the same notice period, it is not strictly required to.
No counter-notice can be served as a fixed term is currently in force and it binds the tenants.
Oh dear. It's good to be pedantic in this sort of scenario, I just learned something. Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards