Tenant refusing to leave, help needed URGENTLY

theartfullodger

They don't have to leave until Sheriff grants possession order then Sheriff officers carry tenant out.

Tenants do not have to leave just because landlords issue notices, apart from anything else many many such notices are invalid.

Selling house does not end tenancy, it just changes the landlord ( but need to write to tenant)

dktreesea

theartfullodger wrote: »

They don't have to leave until Sheriff grants possession order then Sheriff officers carry tenant out.

Tenants do not have to leave just because landlords issue notices, apart from anything else many many such notices are invalid.

Selling house does not end tenancy, it just changes the landlord ( but need to write to tenant)

But if the lease has ended and it is just rolling onto a month by month tenancy, does this still apply?

dktreesea

tbs624 wrote: »

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.

The Shelter Scotland link is quite interesting. One of the grounds given for the LL to take back the property is if the landlord wants the property for his/her and or partner's wife/husband/civil partner, but qualifed by the statement:
"Before you moved into the property, you should have been told in writing that this situation might arise."

So if you hadn't been told that you might get evicted at the end of the lease , then you get to keep someone else's property as your home, even if the owners want it back? It doesn't make sense, does it?

rpc

dktreesea wrote: »

The Shelter Scotland link is quite interesting. One of the grounds given for the LL to take back the property is if the landlord wants the property for his/her and or partner's wife/husband/civil partner, but qualifed by the statement:
"Before you moved into the property, you should have been told in writing that this situation might arise."

So if you hadn't been told that you might get evicted at the end of the lease , then you get to keep someone else's property as your home, even if the owners want it back? It doesn't make sense, does it?

There are some grounds that are available on all tenancies.

There are other grounds that are only available if the landlord gave notice that they could apply.

In all cases (as in Eng & Wales), the LL can only get possession back on certain legal grounds and must go to court to enforce this. Scotland has a no-fault notice, same as E&W, and this is what OP has used. Assuming the correct processes have all been followed, OP will get possession back but must go to court if T doesn't leave willingly.

theartfullodger

dktreesea wrote: »

But if the lease has ended and it is just rolling onto a month by month tenancy, does this still apply?

Yes: As it does, similarly, in Engerland...

One of the grounds given for the LL to take back the property is if the landlord wants the property for his/her and or partner's wife/husband/civil partner, but qualifed by the statement:
"Before you moved into the property, you should have been told in writing that this situation might arise."

So if you hadn't been told that you might get evicted at the end of the lease , then you get to keep someone else's property as your home, even if the owners want it back? It doesn't make sense, does it?

I fear you are labouring under a delusion if you expect the laws of this fair land (Scotland, GB, UK..) as passed by those competent & admirably MSPs, MPs etc.. to make sense... The law is considered by many to exist in it's unclear state so that it provides well-paid employment for lawyers...

This point though is fairly clear: If LL wishes to evict for any of those listed grounds (rather than that the tenancy has reached it's ish (look it up if you aren't familiar with "ish"..) then yes the landlord needs to be able to show he served notice of those grounds prior to the tenancy..

Same as in England - you can't use S8 G8 (non-payment of rent) -unless tenancy makes provision for it..

Training etc is available for landlords/agents/tenants/anyone who wants to understand how housing law works (Scotland, England..): Those that choose to run their businesses without understanding the relevant laws may be taking a rather large risk...

Cheers!

googler

fionamacf1 wrote: »

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'm no expert on the LL legislation, but as pointed out for other matters above, this quoted matter is irrrelevant to the tenant/landlord relationship.

If your ex-partner needs somewhere to stay, and that isn't with you, then he needs to be looking at short-term accommodations (move in with his parents, cheap hotel, etc) until you get the tenant moved on. When you started renting out what I assume to be your former joint residence, it ceased to be 'your' house, and became a business asset for you; and as you're finding out, businesses don't always run to order the way you want them to.....

fionamacf1

Thanks everyone for their response we have taken some legal advice and feel a bit better about the situation. The notice to quit and Sect 33 notice expired on 22 Oct and then the AT6 which we served (we were told we had to so the council would re-house her) expired on 12 November so we can raise proceedings to get her evicted from the property at court.

We have to raise a summary cause action at court, serving her with the papers by Sheriff Officer, we have to cite the reason as being that the tenancy has come to an end, we have been told because it's a valid SAT the Sheriff should automatically grant decree. We are then also able to state other reasons, the strongest being that the owner of the property needs to move back into his house that he owns (he has been staying with friends for the last seven months since we separated). He has also lodged himself as homeless with the council as she will not vacate.

The whole process can take up to 3 months (providing that she does not defend). I am hoping that her council house will be ready before this goes to court but at least if it's not we are starting the ball rolling now. She was advised at the start of the tenancy that it was only a six month lease and we had tried to get out of it prior to her taking occupation (due to our relationship breakdown - I found out my ex was having an affair) but as we were unable to find her suitable alternative accommodation she was entitled to move into the property. I am finding the whole thing really infuriating as she knew the situation and we found out after she moved in she was breeding dogs (she was allowed one pet, as detailed in the tenancy agreement), I think had we known that at the time we would've been entitled to not let her take occupation, maybe someone can advise otherwise if they think I'm wrong?

She has told me if we raise an action to evict her she is on legal aid so we will be unable to recover our expenses and that she will claim extreme hardship due to the council house she wants not being ready (she turned down 2 that were ready but she didn't like) so the eviction will not be granted? Perhaps someone could provide me with their thoughts about that, I have not heard that one before to be honest. To be honest I am just so fed up and stressed out with her that I will pay to get her out, whatever the cost, we could still be in the same situation this time next year the way it's going!!!

theartfullodger

Great: could you kindly explain why you believe it is a valid SaT?

How (by what means - post, by hand, Sheriff officer..) were notices served?

Thanks

fionamacf1

Because all the notices were served correctly. The tenant signed the AT5 prior to commencement of the lease, she then signed the lease after the AT5 had been signed, dated and witnessed, she took one of the originals with her and another copy of the paperwork was sent to her by recorded delivery.

fionamacf1

notice to quit, section 33 notice were sent by recorded delivery and delivered by hand. She and the council then lost her copy and I had to supply another copy which she confirmed she had received by text and then the council have also confirmed receipt of. The AT6 was served by recorded delivery and by hand