Do landlords have any rights?

Heather25

For 2 years a married couple rented a house from us. The gentleman left and the woman wanted to stay on. We explained Housing benefit wouldn't cover all rent but she insisted her mum would make up the difference so subsequently gave her a 6 month Short Assured Tenancy lease. Three months later, she still hasn't paid any rent, with no intention of making a Housing Benefit claim and will not answer the phone or door to discuss it. In Scot's Law am I entitled to check for frozen pipes etc, since I'm not even sure she's still there. Any advice would be appreciated.

silvercar

In england, you would serve a section 8 notice for being 2 months behind with the rent. Not sure of the scottish equivalent, but there must be one.

ruggedtoast

Do you have any rights?

You have the right to put the rent up to whatever you see fit at the end of the fixed period.

You have the right to offer a periodic monthly tenancy and evict your tenant with two months notice regardless of whether they have anywhere to go or not or whether they have children.

You have a right to enter your tenants premises with 24 hours notice whether or not its convenient to them and whether theyre there or not.

You have the right to ensure your tenant makes no modifications to the property they are renting, no matter how long they live there, even hanging a picture.

You have the right to enter the property with no notice in the case of an "emergency".

Your tenant has the right to pay you rent every month you let them live there whether or not you do any essential maintenance whatsoever and you have the right to apply for an Eviction Notice from the court if they stop doing this.

Doozergirl

ruggedtoast wrote: »

You have a right to enter your tenants premises with 24 hours notice whether or not its convenient to them and whether theyre there or not.

That is absolutely untrue. They only have the right to enter with more than 24 hours notice AND the tenants agreement. You have the right to quiet enjoyment and that includes not allowing the landlord access unless it is a genuine emergency.

ruggedtoast

Doozergirl wrote: »

That is absolutely untrue. They only have the right to enter with more than 24 hours notice AND the tenants agreement. You have the right to quiet enjoyment and that includes not allowing the landlord access unless it is a genuine emergency.

If I told my landlord that I would find my quiet enjoyment being rapidly disturbed by a 2 month notice to quit. When the landlord can chuck you out pretty much whenever they want to and is under no real binding obligation to even do urgent repairs, you dont have much going for you as a tenant.

Doozergirl

ruggedtoast wrote: »

If I told my landlord that I would find my quiet enjoyment being rapidly disturbed by a 2 month notice to quit. When the landlord can chuck you out pretty much whenever they want to and is under no real binding obligation to even do urgent repairs, you dont have much going for you as a tenant.

There are nutter landlords out there and any unreasonable requests to enter the property should be met by your serving them with your one month's notice to quit and the nice present of a void. It's what I did. Got myself a nice nearly new build with a proper professional landlord who minds his own business and has trusted us to get required work, that he hasn't been able to organise timely himself, carried out and knocked it off the rent!

We've been here 7 months and even when he's been to see our new front door etc he has never even accepted the invitation to step inside. A proposition far too enticing for some.

silvercar

I think OP wants specific advice about her rights as a landlord with a tenant refusing to pay any rent, rather than general rights about being a landlord.

sooz

And as i understood it she's in Scotland

ruggedtoast

Drop a note off with your phone number saying that you need to get in a weeks time. If you dont hear anything back then let yourself in.

ruggedtoast

Doozergirl wrote: »

There are nutter landlords out there and any unreasonable requests to enter the property should be met by your serving them with your one month's notice to quit and the nice present of a void. It's what I did. Got myself a nice nearly new build with a proper professional landlord who minds his own business and has trusted us to get required work, that he hasn't been able to organise timely himself, carried out and knocked it off the rent!

We've been here 7 months and even when he's been to see our new front door etc he has never even accepted the invitation to step inside. A proposition far too enticing for some.

Nice for you, doesnt make any difference to the millions of tenants who have to put up with bad landlords and the constant threat of eviction because tenants rights arent held as important here.

And Im not moaning about my own LL who has been perfectly professional for years. Im just aware that we've been lucky.

Doozergirl

ruggedtoast wrote: »

Drop a note off with your phone number saying that you need to get in a weeks time. If you dont hear anything back then let yourself in.

You can't do that :wall: Why are you moaning about it and then advising a LL does it?