Landlord V Tenant (Scottish Law)

gario900

I will keep it short but i hope someone can help me out on advice here....

Tenant in flat, 1 years contract ended on end of June, she is now 4 months in rent arrears, rent being due the 7th of every month
I went up to speak to her on the 24th June to discuss her arrears, i said if you cannot at least produce a months payment on your next date and arrange the arrears, then orally this is your notice.

On the 7th July, she text me saying i am handing in my 30 days notice, sly as can be.

In the contract, it states notice of 24hrs access, i gave her that for new tenants to view, now she is saying she is unavailable (yes we know the script)

Solicitor is a long road, am i in breech of entering?
Like others you want a response yesterday, she is so inconsiderate it's unreal .

The only back up is via texts, it's the only way of getting a hld of her

Thanx

ValHaller

Advice? Send your notices by post, 1st class with certificate of posting. Does not matter if she does not receive, your evidence is good enough for a court if the Scots civil procedure rules are anything like the English ones.

And don't bother with viewings until this tenant is gone.

Going and seeing her could land you in trouble. Why have you not got your S21 in already?

gario900

1st time tenant, i did not think it would come to this ... ok i was taken for a mug ... sods law ...
Do i have rite of entry , i sent her texts, she said available from late monday night onwards ... then tonight a text saying unavailable ....
What about the agreement that no longer exists ( because she was never available) ?
I appreciate your comments
Cheers

molerat

Firstly do your homework and use the correct approach for the particular type of tenancy. You do not have right of entry. I do hope you are correctly registered and deposit is protected. Your "verbal notice" was totally invalid.

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland/short-assured-and-assured-tenancies

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy

gario900

the agreement was done through a solicitor but whom is unavailable till wednesday, i will read up on your posts, again much appreciated
Thanx

GrannyKtee

Might not be any good in this case, but is she in receipt of Housing Benefit? If so you can arrange to have it paid directly to your bank account. But only when tenant has 6 months rent arrears in a row. You need to keep note of the payments to produce to the Local Authority. (Ours is in Scotland). Best check with your local Council. At the end of the day put it down to experience and move on - so to speak! If she does a runner look at that as a positive...

PS When a new tenant moves in and is paying with Housing Benefit try persuade them to start paying by DD right away, the Local Authority will set this this up if the tenant agrees...

gario900

She is a student at uni Granny Ktee, so it's SAS payments
They have now ended, thats due to the arrears
Thanx

gario900

It's more to when i can enter the property etc, to make sure it's habitable, nothing damaged etc ....
I just thought it would be plain sailing, but it is now turning int a nightmare

GrannyKtee

Tell me about it! It's not easy. But it's always a case of once bitten twice as shy! Good luck...

theartfullodger

You have right of entry: Only way to enforce that right is by order from the Sheriff. Go see the Sheriff.

Your notices are of no value, useless. Sheriff Courts (Svotland,) Act 1907 requires landlord's notice are served by Sheriff Officers or recorded/signed for which your tenant may well not sign for so then reissue by Sheriff Officers.

Do you understand what notices you must serve? Can you prove AT5 was served before tenancy signed?

Are you & property registered? Is deposit protected? Done any training as a landlord?

Why was tenant serving notice sly? It's her legal right to serve notice, or do you think she's not entitled to legal rights? Don't you want her out anyway? How (email, letter....) did you acknowledge her notice?

However did you conclude being a landlord was plain sailing: Who told you that?

Slainte!

gario900

1. Yes i am registered as is the property too.
2. On signing agreement it was stated she did not have a deposit, only a month up front (because i knew her mother from work).
3. I have a letter written and will get this sent recorded today , the notice she handed in was by via text, hopefully she will leave on the 5th as stated, failing that it will go by todays date.

Sly, because she agreed orally on he 24th June that from that day, if she didn't make some sort of payment on the next due payment day 7th July then notice would act from the 24th June, yes only orally, so i don't have a leg to stand on.