Evicting a lodger in Scotland

G_Doggy_Jr

Mojisola wrote: »

Has your solicitor read this page?
scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/common_law_tenancies/about_common_law_tenancy_rights
[edited because I cannot include a URL in my post]

I have read that page; I quoted it in my initial post. I called a solicitor to confirm the points made on the page. He did not agree with them. I referred to the web page when I brought up the question; I didn't see the need to ask him if he had read it. I have spoken to several other solicitors, and they have all said roughly the same thing.

I will try again tomorrow. I've just realised that I may have been asking the question in an inaccurate or clumsy way. It is possible that the solicitors I have spoken to have been answering the question of how much *notice* I am required to give, which is different from what I am actually querying, which is the soonest date from now I can ask him to leave by.

I'm not intending to ask him to leave by this date. I will tell him he can take any reasonable amount of time. However, our relationship has already deteriorated and it has a significant effect on my quality of life, and telling him I want him to leave could make it worse, so I want a backup plan in case I want him to leave as soon as possible, and obviously I don't want it to be illegal.

Edit: I probably misunderstood what the solicitor was saying / did not phrase my question correctly.

G_Doggy_Jr

I spoke to another solicitor today. They confirmed the points made on the Shelter page. I likely misunderstood what the other solicitor told me.

Thanks for taking the time to respond to my thread.

[Deleted User]

G_Doggy_Jr wrote: »

I spoke to another solicitor today. They confirmed the points made on the Shelter page. I likely misunderstood what the other solicitor told me.

Thanks for taking the time to respond to my thread.

That's a bit of a shitter. Who wants to be stuck living with someone they don't want to live with for the best part of a year?

Edit:

Ha ha, that got through the MSE filter. :rotfl:

theartfullodger

G_Doggy_Jr wrote: »

................ I've just realised that I may have been asking the question in an inaccurate or clumsy way. It is possible that the solicitors I have spoken to have been answering the question of how much *notice* I am required to give, which is different from what I am actually querying, which is the soonest date from now I can ask him to leave by....................

Those are the same thing: Make sure notice is in writing, complies with lodger/tenancy agreement and you keep copy & proof you served it.



But tenant does not HAVE TO leave on that date.



Done any training as a landlord?

G_Doggy_Jr

theartfullodger wrote: »

Those are the same thing

I understand them to be different. Let's say the earliest date I can ask him to leave by is the 1st of January 2021, 11 months from now. Does that mean the minimum notice I can give him is 11 months? No: the minimum notice I could give him is 40 days. That does mean I can ask him to leave 40 days from now? No: to give him 40 days notice, I would need to wait 10 months. If this is correct, then you probably knew it already. But I didn't, which is why I got confused when a solicitor told me I only needed to give roughly 1 month notice.

theartfullodger wrote: »

But tenant does not HAVE TO leave on that date.

Ah yes, because of the need for a court order.

theartfullodger wrote: »

Done any training as a landlord?

I have not. Would you recommend it? I feel that my communication skills and interpersonal skills in general are quite weak, so maybe some training could be helpful.

G_Doggy_Jr

Lover_of_Lycra wrote: »

That's a bit of a shitter. Who wants to be stuck living with someone they don't want to live with for the best part of a year?

I can't remember where it was, but I read that live-in landlords have stronger rights because if the relationship with their tenant breaks down, the landlord is more vulnerable if they live in the property with the tenant. Yet, if I did not live in the property, and wanted to evict the tenant so I could move in, I would only need to give 84 days notice. I find that ironic.

/whine

theoretica

Have you read this page? https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/resident_landlords It is crucial whether you may enter their room without permission.


Also, there is a difference between when you can force them out by and when you can ask them to leave. You can tell them you would appreciate it if they looked around for a new place even when you can't legally evict them.