An unusual "want to give notice to tenant" situation.

tom9980

One issue you may have is you give notice and she stops paying rent, after all she is struggling to pay and likely will find it hard to find the next rental. I expect it to take as much as a year to evict now and in that time the market to sell could be much worse. You are in a very difficult situation. 

theartfullodger

NB Don't forget House sales & to a lesser degree lettings are still largely lock-down.  I've two houses empty in the Highlands, one wanted to see from March 30th.  Myself, lettings agent, selling estate agent haven't seen inside either and currently no firm dates for being able to.  But still interest in lettings, had 5 possible tenants interested in other property. 

ProDave

I think this is coming to a head now.

During Covid I have been agreeing to a reduced rent 2 months at a time to help her out in the difficult times.

She has just asked if we can agree a reduced rent "until the end of the financial year" rather than every 2 months.  That to me is as good as saying "I won't be buying the house in this financial year"  So perhaps it is time we need to make a decision and work out how to take this forward.

Just to show how she sends mixed messages, it was only 2 weeks ago that she asked us for a copy of the home report, and was talking of getting a surveyor in to update the valuation of the house, which sounded like things were moving forward on the purchase but now it seems not.  I just wish she could be more open and honest with us.

theartfullodger

Depending on EXACTLY HOW you agreed to lower rent you might have agreed a new tenancy.  Paperwork would decide.  And given date that would be a PRT where if you wanted to evict there is no "no fault" grounds and you'd have to use certain grounds.  In your case probably "want to sell" (not a ground available with SaT).

If you evict then fail to take reasonable steps to sell, tenant can sue you for up to 6 months rent.

FTT is now operating again.

ProDave

She sent a letter outlining her financial difficulties asking for a rent holiday.

I replied by letter stating that in law a rent holiday would still leave the rent due building up arrears.  Instead I offered her a reduced rent for 2 months.  We repeated that by letter again after 2 months so she has had 4 months of reduced rent.

If we do evict it will be because we want to sell and the house WILL then be marketed with an estate agent.

Wanting to sell or wanting the property back to occupy yourself has always been a valid ground for terminating a SAT.

penguineater

Yeah, you need to just kick this free loader out.

You are being very naive and taken advantage of here - get it done and move on with your life.

You do not owe this person a thing, they've had their chance (4 or 6 years worth of chances!) and are taking the wee.

theartfullodger

ProDave said:

....

Wanting to sell or wanting the property back to occupy yourself has always been a valid ground for terminating a SAT.

I agree about valid ground if wanting to occupy yourself, but not SaT (or AT come to that ) if wanting to sell.

See

http://scotland.shelter.org.uk/legal/security_of_tenure/assured_tenancies/the_landlord_wants_possession

£15 to an agreed Scottish housing charity if you can find the valid ground for an SaT if wanting to sell.

Slàinte mhath!

Artful: Scottish landlord since 2000.

macman

When does the current 2m period of reduced rent expire? Did she ever accept this very generous offer in writing? Are there any arrears notwithstanding this arrangement?
My reading of 'end of the financial year' means that she wants to extend this to April 2021!

AdrianC

ProDave said:

I think this is coming to a head now.

During Covid I have been agreeing to a reduced rent 2 months at a time to help her out in the difficult times.

She has just asked if we can agree a reduced rent "until the end of the financial year" rather than every 2 months.  That to me is as good as saying "I won't be buying the house in this financial year"

ProDave said:

She sent a letter outlining her financial difficulties asking for a rent holiday.

Somebody who needs to ask for a rent holiday is simply not in a financial position to be purchasing at the moment, with a big reduction in the number of high LtV mortgages available.

ProDave

The period of agreed rent reduction has ended.

Okay so If it comes to eviction we evict her on the gounds of wanting to move back into the house.  We then DO move back into the house and then put it on the market.  That part is not difficult.