Evicting tennants

a_bit_lost

I'm looking to evict my tennants from a property in Scotland, due to lack of payment of rent. They're about 4 months behind (nearly £2000). I've also recently been hit with a £1500 Council Tax bill for the property, as they have not been paying, or responding to correspondence. I have a list of questions, wondering if anyone who knows could help (don't want to mess it up). The house is let on a Short Assured tenancy, originally for six months and now rolling on, they've been there 2 years.
1) What minimum period should I give in notice to quit?
2) Do I have to issue AT6?
3) My agreement is with one person, but her adult son also lives there. Should I issue notice to both, or just to the mother?
4) How can I prove that they haven't paid? I haven't (perhaps stupidly) been issueing receipts.
5) Does the Council Tax non-payment strengthen my position, and am I likely to be held liable for this bill?
6) During the tenancy I've issued letters suggesting adjusted payments over future periods, to try to allow tennants to make up shortfall. Within these letters I've stated willingness to write off part of the non-payment (to try to encourage compliance), though I've always stated that the contract is not affected. Does this affect my standing?
7) Do these things usually end up in court?
8) Do I need a lawyer? How much could this cost me?
9) Do you reckon I'll ever see my money? I don't.
Any advice would be greatly appreciated. Thanks.

PROFESSIONAL_LANDLORD

I'm looking to evict my tennants from a property in Scotland, due to lack of payment of rent. They're about 4 months behind (nearly £2000).

Give your tenants 2 months notice in the 'notice to quit' enclose an AT6, hope you provided the tenants with an AT5 at the beginning of the lease! don't raise any action on the basis of rent arrears, bring the tenancy to an end, and state 'the tenancy period has expired' this will ensure any action you take will be a 'mandatory ground' be careful with the wording of the notice to quit, use a Sheriff Officer to serve the papers on the tenant, cost you around £65.


If your unsure use a solicitor.
You are not responsible for council tax.

tbs624

On the C Tax - it’s not clear from your post why have you been billed? Just to clarify, does your tenant normally pay Council Tax direct to the Council, or do you include it in the rent? If your tenant normally pays, then simply write to the Council by recorded delivery, telling them that the property is still tenanted and all bills should still be sent direct to the tenant.

I notice you say the property is let as an short assured tenancy, so presumably you served an AT5 before the contract was signed, and the signing of contract was witnessed.

IMO you need qualified legal advice - if you handle it wrongly the tenants will still be sitting there rent-free further down the line, and, worse, be claiming wrongful eviction/tenant harassment (this is especially the case if they are on housing benefit). If you start court proceedings my understanding is that you may be required under S11 of the Homelessness (Scotland) Act 2003 to inform the local Council, so that, if needed, they can help your tenant to find an alternative home. Your Council will have a Private Rented Sector Team who should be able to confirm your responsibilities on this one.
My suggestion would be to not call on the tenant, nor send any further letters, but take all paperwork, copy letters etc and get yourself an appointment with a solicitor, a CAS worker or speak to someone from Shelter: Shelter (helpline 0800 800 444) will give you advice, whether LL or Tenant, and so will the Citizen’s Advice Scotland http://www.cas.org.uk/

Your best bet, however, would probably be to agree a fixed fee for an initial interview with a good local solicitor-it will be worth the money. You can find one who specialises in LL & T law via the Scottish Law Society in Edinburgh phone 0131 226 7411, or search for one online at the website: www.lawscot.org.uk/find

For the future, it may be helpful for you to join up with a local LL’s association or http://www.scottishlandlords.com/ for valuable support and information. There is a Members area on the site that gives you specific information on notices to quit, free tenancy agreements etc. They may also be able to give you a recommendation for a solicitor. Good luck with getting it sorted out.