Advice needed re problem tenant

Lilhobo

Yes I suppose that is true, I have very little knowledge in reality of how the criminal justice system works. I thinki had come to the conclusion that it was a likely scenario given the info I got from calling 101.

Pixie5740

It doesn't really matter what the court date or if he's been a naughty boy. These are red herrings.

You've inspected the property, it's an absolute midden and you want him gone. You don't need a reason to issue a Section 21 or to agree a surrender. Just focus on ending this tenancy as soon as legally possible and then getting back into some kind of decent state. If you are thinking about letting the property again do your homework and join and landlord association.

Out of interest, did part of the service you paid the letting agency for include inspections?

G_M

The point about a conviction is that a S8 is much quicker than a S21.

Pixie5740

Aren't the Section 8 grounds you mentioned discretionary?

Until recently I had never had anything to do with the Scottish justice system. I couldn't believe how long it took for cases to get to court and even then how few cases seem to end in conviction. Perhaps the justice system is a bit more swift south of the border though.

Guest101

Pixie5740 wrote: »

Aren't the Section 8 grounds you mentioned discretionary?

Until recently I had never had anything to do with the Scottish justice system. I couldn't believe how long it took for cases to get to court and even then how few cases seem to end in conviction. Perhaps the justice system is a bit more swift south of the border though.

Not really...


It's probably worse. Did you not read the teacher who slept with an underage student getting community service?


Yep, Justice....

Lilhobo

I think the reason why I am fixated on this potential court date is, if he gets sent down before he leaves, it will then be, I assume much harder to get him out?

RAS

No

In fact his HB will continue to be paid for some time if there is a reasonable expectation that he will return to the property after release. Check out the Housing Benefit Officer on the Benefits board.

There was one classic case where a tenant managed to sue a LL for illegally evicting them from a property whilst the tenant was in ni8ck.

Guest101

Lilhobo wrote: »

I think the reason why I am fixated on this potential court date is, if he gets sent down before he leaves, it will then be, I assume much harder to get him out?

Why would it be.


If he's sent down you know exactly where he is! Serve papers there, or more likely he'll happily surrender the tenancy anyway.


Just to clarify OP, it's unlikely he'll get sent down for this.

Pixie5740

Lilhobo wrote: »

I think the reason why I am fixated on this potential court date is, if he gets sent down before he leaves, it will then be, I assume much harder to get him out?

Yes and the time you waste fixating on this (court date could be up to a year away assuming this case a, exists and b, makes it to court) you could have had a conversation with the tenant, drawn up a Deed of Surrender and both be on your merry ways.

Lilhobo

We have spoken to the tenant and he says he will look for something else, can we get him to sign the deed of surrender before he moves out?

I have spoken to the police, the case definitely exists and all I have to go on is the police being pretty sure he would not be returning to the property other than to collect his stuff.