Tenant refusing to leave, help needed URGENTLY

fionamacf1

Please can someone help, i am landlord of a property in Scotland and the tenant was served with notice to quit and Section 33 notice giving 2 months to vacate following the 6mth tenancy agreement. She was then advised by the council (she is waiting for a house from them) that she needed to be served with an AT6 so they could start rehousing. this was subsequently served and we can raise proceedings from 12 nov. She has today advised me that the council house she was waiting for is not ready and she has no intention of vacating our property until it is ready and has no idea of when that will be. I am at my wits end my ex partner needs to move back into the property to enable us both to move on with our lives. I do not really want to go down the eviction route but she has left us no option and I really don't want to involve solicitors due to the expense.

How does we do this, can I raise a summons myself and what is the process? How long does it take before we can get decree evicting her? Are we entitled to carry out property inspections still as the gas boiler needs to be serviced to ensure the insurance in place is valid. My ex had ordered new windows to be fitted also due to condensation problems within the property and these are to be delivered next week, is he still entitled to fit these as they are an essential? Sorry for the long post and all the questions I am so stressed out with this I need some free advice.

Thanks in advance

Fire_Fox

What does your solicitor say? Have you asked the tenant in writing if they will permit the gas safety check?

fionamacf1

I haven't gone to a solicitor yet, I am trying to avoid the cost as money is tight, I am thinking I can raise the summary cause action ourselves and then have sheriff officers serve the paperwork. The fees that i have been quoted are approx £1k and there is no guarantee we can get them back, she is on benefits and has legal aid. I have asked her for a property inspection as it is stated in the tenancy agreement it should be done every 6 months and the insurers have advised this needs to be done for the insurance to be valid should we need to claim. Have not mentioned the gas safety certificate yet

tbs624

fionamacf1 wrote: »

Please can someone help, i am landlord of a property in Scotland and the tenant was served with notice to quit and Section 33 notice giving 2 months to vacate following the 6mth tenancy agreement. She was then advised by the council (she is waiting for a house from them) that she needed to be served with an AT6 so they could start rehousing. this was subsequently served and we can raise proceedings from 12 nov. She has today advised me that the council house she was waiting for is not ready and she has no intention of vacating our property until it is ready and has no idea of when that will be. I am at my wits end my ex partner needs to move back into the property to enable us both to move on with our lives. I do not really want to go down the eviction route but she has left us no option and I really don't want to involve solicitors due to the expense.

How does we do this, can I raise a summons myself and what is the process? How long does it take before we can get decree evicting her? Are we entitled to carry out property inspections still as the gas boiler needs to be serviced to ensure the insurance in place is valid. My ex had ordered new windows to be fitted also due to condensation problems within the property and these are to be delivered next week, is he still entitled to fit these as they are an essential? Sorry for the long post and all the questions I am so stressed out with this I need some free advice.

My bolding.What you get on here will be suggestions and opinions rather than "advice". If you do have to pay for legal advice for this issue remember that the costs can be set down on your tax return.

Are you not signed up to SAL or a local LL association?

You need to meet your legal obligations whilst you still have a T in situ , ie by having a current GS Check and Cert and meeting the "repairing standard" but you cannot insist on getting jobs done that you would simply like to have completed before you personally move back in to the property.

Unfortunately once you let your property out, it becomes another peron's home in exchange for that lovely rent and Ts don't just go when it is convenient for you as the LL.

Info aimed at Ts from Shelter Scotland but will be of help to you as a LL

See also specific guidance from them aimed at LLs Note the S11 notification to the local Council.

One of the regular posters on here is a LL of Scottish properties - he may reply to your queries (ArtfulLodger)

Fire_Fox

There is a road between getting no legal advice and getting solicitors to do all the work. IMO get some basic legal advice, I don't pretend to know your Scottish system but here down south evictions can be thrown out of court for small errors and the landlord has to begin from scratch. :eek: Do run an advanced search, especially on posts by theartfullodger who is a landlord in Scotland.

I don't understand why you have served two different notices, can you just action the one the tenant DOESN'T want you to action since they are being awkward? It's probably against the Protection from Eviction Act to use that to gain entry for an inspection/ gas safety tho ....

Why have you asked for an inspection (for your benefit) before the gas safety certificate (benefit of both)? I'd have asked for the gas safety then when that was agreed, asked to do the inspection at the same time ....

tbs624

Fire_Fox wrote: »

I don't understand why you have served two different notices, can you just action the one the tenant DOESN'T want you to action since they are being awkward?

In Scotland it is more complex - the T must be served with both an NTQ and a S33 Notice.

Fire_Fox wrote: »

It's probably against the Protection from Eviction Act to use that to gain entry for an inspection/ gas safety tho ....

My bolding - PEA 1977 applicable to Eng/Wales, but even there its s11(6)of the LL&T Act 1985 that has the covenant about property inspections.

Fire_Fox

tbs624 wrote: »

In Scotland it is more complex - the T must be served with both an NTQ and a S33 Notice. My bolding - PEA 1977 applicable to Eng/Wales, but even there its s11(6)of the LL&T Act 1985 that has the covenant about property inspections.

I meant basically against the Act to blackmail the tenant into allowing access .... not clearly worded at all Thanks for clarifying legislation.

perthperson

If she has been allocated a council house then it might be ready soon - the council won't speak to you about it but perhaps you could speak to her and arrange to get her permission to speak to the council. She wouldn't be told till the last minute when it's ready, probably repairs, electrical checks, they won't know themselves exactly when it will be ready.

Or it might be temporary accommodation she's moving to and there's none available right now.

Of course she doesn't have to let you have any of this information but if you can talk to her you might be able to find out that she's going to be moving soon and save you both the trauma and expense of taking her to court.

missile

You may find offering the tenent cash to leave is the easiest, quickest (and cheapest) route.

theartfullodger

Tenant does not have to leave as presumably you knew fine well.

Have you started posession proceedings in the sheriff court?? That's the only way you will force her out.

What does tenancy say about access for gas safe etc?? If she won't let you in use PRHP to resolve - you did write to tenant about PRHP as you are required to ??

You state URGENTLY but be aware evictions, even if paperwork is correct, probably take months. Have money issues is your problem & Sherrif is unlikely to be interested - you may have to get more income..

Presumably you served the notices either by sheriff officer or recorded-signed for as any other way is not valid for court proceedings.

Can you PROVE you served AT5 before tenancy signed?? Eg tenant signature with date/time on both??

If not she can challenge tenancy being an SaT & your eviction action will fail.

Was 6 month tenancy exactly 6 months?? If so again that would mean not a SaT as SaT must be AT LEAST 6 months and tenant can't have moved in until midmorning so less than 6 months.
Cheers!!

dktreesea

theartfullodger wrote: »

Tenant does not have to leave as presumably you knew fine well.

Have you started posession proceedings in the sheriff court?? That's the only way you will force her out.

Presumably you served the notices either by sheriff officer or recorded-signed for as any other way is not valid for court proceedings.

Can you PROVE you served AT5 before tenancy signed?? Eg tenant signature with date/time on both??

If not she can challenge tenancy being an SaT & your eviction action will fail.

Was 6 month tenancy exactly 6 months?? If so again that would mean not a SaT as SaT must be AT LEAST 6 months and tenant can't have moved in until midmorning so less than 6 months.
Cheers!!

How do you mean that the tenant doesn't have to leave? Say you own a house, then sell it, so give the tenant the required statutory notice period. Why wouldn't they have to leave by the end of the notice period?