Advice - Being evicted, but the reason seems fishy!

pratik136

We've been renting a property via a letting agent in Edinburgh.

Now just under an year into it, they want us to leave citing that the landlord wants to move back in. A perfectly valid reason under the new PRT rules. We requested some extra time over the usual notice period since a vulnerable adult occupies the property with us. Thus was denied. Still all seems legal.

However, a few weeks after the notice to leave, we get a request to allow a holiday letting company assess the flat! :eek: alarm bells! This also ties in with Edinburgh's biggest time of the year - the Fringe Festival - where landlords can recover a year's rent in 2 months!

This was a while back, we are now down to the last few days before we move out. We somehow managed to get another place in time. However, now I wish to know - just for principle than for any benefit - can I somehow report the landlord for having done this? He/she could do it every year to others too. This is wrong!!

I spoke to citizens advice about it, and they suggested that I initially just concentrate on finding a place for myself, and not worry myself with the reporting part. Sane advice, however, now that I have a place to stay, can I restore some faith?

boo_star

You're never going to be "secure" past your tenancy term.

Even with slightly different rules in Scotland I don't see why the landlord can't evict people every year to do a holiday rental if the tenancy is up.

Is there a site where you can leave a review about the property? That may discourage other long-term renters from renting the place out.

anselld

If you find that the Landlord lied to get possession, ie they did not actually move in then you can apply to the First Tier Tribunal for a wrongful termination order who may award a penalty of up to six months rent.

anselld

boo_star wrote: »

Even with slightly different rules in Scotland I don't see why the landlord can't evict people every year to do a holiday rental if the tenancy is up.

They can't because the "slightly different rules" in Scotland do not allow non fault evictions and "wanting to do a holiday let for two months" is not one of the legal grounds.

[Deleted User]

boo_star wrote: »

You're never going to be "secure" past your tenancy term.

Even with slightly different rules in Scotland I don't see why the landlord can't evict people every year to do a holiday rental if the tenancy is up.

Is there a site where you can leave a review about the property? That may discourage other long-term renters from renting the place out.

What tenancy term for a PRT and which ground(s) for eviction do you think covers the landlord wanting to turn the property into a holiday let?

[Deleted User]

pratik136 wrote: »

We've been renting a property via a letting agent in Edinburgh.

Now just under an year into it, they want us to leave citing that the landlord wants to move back in. A perfectly valid reason under the new PRT rules. We requested some extra time over the usual notice period since a vulnerable adult occupies the property with us. Thus was denied. Still all seems legal.

However, a few weeks after the notice to leave, we get a request to allow a holiday letting company assess the flat! :eek: alarm bells! This also ties in with Edinburgh's biggest time of the year - the Fringe Festival - where landlords can recover a year's rent in 2 months!

This was a while back, we are now down to the last few days before we move out. We somehow managed to get another place in time. However, now I wish to know - just for principle than for any benefit - can I somehow report the landlord for having done this? He/she could do it every year to others too. This is wrong!!

I spoke to citizens advice about it, and they suggested that I initially just concentrate on finding a place for myself, and not worry myself with the reporting part. Sane advice, however, now that I have a place to stay, can I restore some faith?

OP, give Shelter Scotland a call. I think you stand a very good chance of applying to the FTT for a wrongful termination order as anselld says.

Private Rental Tenancies

Marvel1

anselld wrote: »

If you find that the Landlord lied to get possession, ie they did not actually move in then you can apply to the First Tier Tribunal for a wrongful termination order who may award a penalty of up to six months rent.

Not knowing the rules in Scotland, i would do this

hazyjo

Surely they could only do that for one year though. The Festival is on for over 3 weeks. So by the time they get the next lot of tenants in after the festival, a year's tenancy won't line up with the Festival the following year - it would likely be at least a month later.


Maybe they are getting people in before they move back in themselves. Think that would be a good idea myself!

boo_star

anselld wrote: »

They can't because the "slightly different rules" in Scotland do not allow non fault evictions and "wanting to do a holiday let for two months" is not one of the legal grounds.

So the landlord can't just evict at the end of a tenancy?

[Deleted User]

boo_star wrote: »

So the landlord can't just evict at the end of a tenancy?

What end?

need more characters

[Deleted User]

hazyjo wrote: »

Surely they could only do that for one year though. The Festival is on for over 3 weeks. So by the time they get the next lot of tenants in after the festival, a year's tenancy won't line up with the Festival the following year - it would likely be at least a month later.


Maybe they are getting people in before they move back in themselves. Think that would be a good idea myself!

What year's tenancy? Private Rental Tenancies do not have fixed terms and landlords need a ground to serve notice. Wanting the tenants to leave so that you can charge tourists and arm and a leg to rent the property instead is not currently one of the grounds available.