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Landlord wants end tenancy but cant

veggielove
veggielove Posts: 50 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 16 January 2022 at 3:01PM in House buying, renting & selling
Hi

I am in Scotland. The landlord wants to "move back in" to the property but can't seem to give proof of this so I am safe for now at least. What proof generally is needed I'm wondering?  

Comments

  • theartfullodger
    theartfullodger Posts: 15,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 January 2022 at 4:41PM
    Is this a SaT or PRT, please?  You are tenant?  What formal notices of forms has landlord served?

    What do mean by "proof of this"?  This what?


  • Snookie12cat
    Snookie12cat Posts: 805 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 16 January 2022 at 5:13PM
    veggielove said:
    Hi

    I am in Scotland. The landlord wants to "move back in" to the property but can't seem to give proof of this so I am safe for now at least. What proof generally is needed I'm wondering?  
    . I'm not sure how you are safe. The landlord just needs to issue you the required notice which I believe is 3 months.
    He could also just issue 6 months for any other reason, so you will need to move out eventually.
  • theartfullodger
    theartfullodger Posts: 15,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 January 2022 at 6:27PM
    Snookie12cat said:
    veggielove said:
    ...
    . I'm not sure how you are safe. The landlord just needs to issue you the required notice which I believe is 3 months.
    He could also just issue 6 months for any other reason, so you will need to move out eventually.
    Depends of tenancy type 1st - SaT, AT or PRT.  With PRT there is no "no fault" s21-type option for a notice (nor AT come to that).
  • user1977
    user1977 Posts: 18,842 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 16 January 2022 at 10:09PM
    veggielove said:

    I am in Scotland. The landlord wants to "move back in" to the property but can't seem to give proof of this so I am safe for now at least. What proof generally is needed I'm wondering?  
    Assuming a PRT - what makes you think they need proof? I'm not aware of anything required beyond a statement of their intention - and realistically, what sort of proof could they produce? Or do you just mean evidence that they used to live there?

    You would potentially have a remedy (for what good it does you) if it later turned out that they didn't move in.
  • justwhat
    justwhat Posts: 724 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    You are moving out ....sooner or later if the landlord wants you out. Why not put your energy into finding another rental?
  • theartfullodger
    theartfullodger Posts: 15,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    justwhat said:
    You are moving out ....sooner or later if the landlord wants you out.
    But if an SaT and no AT5 served prior landlord probably can't force them out.
  • Leggitte
    Leggitte Posts: 90 Forumite
    Fourth Anniversary 10 Posts
    theartfullodger said:
    justwhat said:
    You are moving out ....sooner or later if the landlord wants you out.
    But if an SaT and no AT5 served prior landlord probably can't force them out.
    Which gives the OP a perfect window to find a new rental without the pressure of being kicked on the streets. Not all end of tenancies have to go to the wire.
  • theartfullodger
    theartfullodger Posts: 15,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not all landlords who scr+w up their paperwork get what they want. I speak from experience (SaT, AT5 form, painful expensive mistake, oh the stupidity, oh the hubris).
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Lots of gusswork. OP needs to answer:
    theartfullodger said:
    Is this a SaT or PRT, please?  ....  What formal notices of forms has landlord served?



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