Scotland rental query

davidmcn

rich3245 wrote: »

It is a shame that the detail in Schedule 3 is not more detailed as it seems very open to interpretation - Is a holiday let 'a home'? That is clearly subjective

I don't think it's subjective. It's not a term defined by the Act so it would be given its normal definition - and I don't think that a place you stay for a week or so while on holiday comes under most people's interpretation of "being provided with a home".

Is there no other legal agreement that we could enter in to, for example, go ahead with a PRT but with a covenant that we will terminate after 12 months?

Like I said above, what would be the point of allowing a route for landlords to bypass the Act? Surely they'd all do it?

Section 44 is quite clear: "A tenancy...may not be brought to an end by the landlord, the tenant, nor by any agreement between them, except in accordance with this Part."

bris

Ok you can't let out a holiday home for 12 months in sScotland, it will be seen as a PRT no doubt about it.


Not only that it would very easy to convince (in fact they wouldn't need convincing) the First tier tribunal that this was an excuse to try and circumvent the law.


If they do give you some made up tenancy then it wouldn't be valid, not only that but without a proper PRT they would declare no tenancy even exists and in that situation it would be almost impossible to get you out.


So no it's a PRT or nothing for you a PRT gives you serious protection from eviction unless a statutory ground is met.


Believe me as a Scottish LL I have had the unenviable position of sitting in front of the first tier tribunal, they think only of the Tenant and will find any excuse to let them stay.


Lucky for me I still had an old SAT with 7 months rent arrears ( that's how long it took) which the tenant had no defence against.