Tenant/Guarantor not paying rent

Pixie5740

Lour wrote: »

Hi, thanks for got taking the time to reply. She is on a short assured rolling monthly tenancy. She received an AT6 & a section 33.

Does the SAT explicitly state that 'the property is let for a period of X months and then monthly thereafter,” or words to that effect?

As you have taken the belt and braces approach of issuing an AT6 and a Section 33 you can apply for a court date 2 weeks after serving the AT6 providing the paperwork, including the dates, is correct and the tenant is 3 months in arrears and ground 8 was used. However, as I mentioned earlier, if the arrears are due to a delay in housing benefit being paid out then the sheriff will take that into account.

Don’t count on the tenant leaving in a few weeks and pursue the guarantor if necessary.

theartfullodger

Lour wrote: »

Hi, thanks for got taking the time to reply. She is on a short assured rolling monthly tenancy. She received an AT6 & a section 33.

Thanks: Did you serve (& can you prove you served) and AT5 BEFORE the SaT paperwork was signed & was the initial tenancy AT LEAST 6 months? If no to any of these you will probably find the Sheriff rules it's not an SaT but an AT so your method of trying to evict doesn't apply.

NB To prove AT5 served before Tenancy agreement signed the normal way is to date & time & sign both, signed by both landlord and tenant.

If you don;t think there;s an ISH you may have problems with your dates: Speak with SaL helpline