Rental deposit and no inventory

sophsters

Lover_of_Lycra said:

@sophers you can ignore a lot of the advice you've been given so far because it is based on English housing law and not Scottish housing law.  

You had a Private Rental Tenancy agreement.  One of the grounds for eviction is Ground 5: Family member intends to live in the property and this appears to be the ground your landlord has used.  The notice period for this ground is currently 3 months if the notice was served after 7th April 2020 which appears to be the case.  Once the notice period is up the landlord would have to apply to the FTT for an eviction order.  The notice to leave you received should have looked something like this: notice to leave.  Once your landlord applied to the FTT the FTT should have sent you notification, did you ever receive such notification?


There was a ban on enforcing evictions in Scotland from 11th December 2020 and 25th January 2021 and this has been temporarily extended to the end of March for tenants in Tier 3 and 4 areas.  Did the sheriff officers enforce your eviction between those dates?

As for your deposit, if it is registered with Letting Protection Service Scotland then use its Alternative Dispute Resolution service to dispute your landlords claims which for some 1970's carpets sound bonkers.

Thanks for your reply. Yes that was what we recieved, a notice to leave. We didn't wait the 3 months and just found somewhere else to live. I felt that taking it to a tribunal and the stress involved was going to be too much for my family with everything that's going on, but I now realise that we may have been able to stay if the tribunal would have classed the eviction as a discretionary reason and the government advice that evictions just now are not advised. 
I am still waiting for any response from the LL or the deposit holding firm although it has not been 10 days since I requested my deposit back. 

greatcrested

Although the various comments above regarding English and Scottish eviction processes as amended by the pandemic are educationa, they seem to be irrelevant.

OP moved out voluntarily - was not evicted, legally or illegaly.

The only issue is the one regarding the deposit.

[Deleted User]

sophsters said:

Lover_of_Lycra said:

@sophers you can ignore a lot of the advice you've been given so far because it is based on English housing law and not Scottish housing law.  

You had a Private Rental Tenancy agreement.  One of the grounds for eviction is Ground 5: Family member intends to live in the property and this appears to be the ground your landlord has used.  The notice period for this ground is currently 3 months if the notice was served after 7th April 2020 which appears to be the case.  Once the notice period is up the landlord would have to apply to the FTT for an eviction order.  The notice to leave you received should have looked something like this: notice to leave.  Once your landlord applied to the FTT the FTT should have sent you notification, did you ever receive such notification?


There was a ban on enforcing evictions in Scotland from 11th December 2020 and 25th January 2021 and this has been temporarily extended to the end of March for tenants in Tier 3 and 4 areas.  Did the sheriff officers enforce your eviction between those dates?

As for your deposit, if it is registered with Letting Protection Service Scotland then use its Alternative Dispute Resolution service to dispute your landlords claims which for some 1970's carpets sound bonkers.

Thanks for your reply. Yes that was what we recieved, a notice to leave. We didn't wait the 3 months and just found somewhere else to live. I felt that taking it to a tribunal and the stress involved was going to be too much for my family with everything that's going on, but I now realise that we may have been able to stay if the tribunal would have classed the eviction as a discretionary reason and the government advice that evictions just now are not advised. 
I am still waiting for any response from the LL or the deposit holding firm although it has not been 10 days since I requested my deposit back. 

I'm a bit confused as in the opening post is says sheriff officers were at your door telling saying you were evicted but now you're saying you left voluntarily.

Does this mean you have logged on and requested your full deposit back from LPSS?

macman

They were just serving notice, not there to evict. I think most of use were led astray by the OP's wording...

I did wonder why it needs a sheriff to serve notice: must this be done only by a court-appointed official in Scotland?

greatcrested

macman said:

They were just serving notice, not there to evict. I think most of use were led astray by the OP's wording...

I did wonder why it needs a sheriff to serve notice: must this be done only by a court-appointed official in Scotland?

I'm pretty sure not, though maybe you can pay them to do it and give the tenants a bit of an extra scare.

If so, seems to have worked!

[Deleted User]

macman said:

They were just serving notice, not there to evict. I think most of use were led astray by the OP's wording...

I did wonder why it needs a sheriff to serve notice: must this be done only by a court-appointed official in Scotland?

No, a sheriff officer is not required to serve the notice to leave in Scotland.  The sheriff officers will turn up to enforce an eviction order issued by the FTT if the tenant remains in the property past the eviction date.