imlach

Hi,

Got a tenant in our rented flat under 6 month short assured tenancy. He is now a month late with his rent, so can serve eviction notice - however, it seems he is allowed up to 2 weeks to stay there after eviction is served to allow him to find somewhere else......

The guy is a compulsive liar, has debts running into tens of thousands, has kicked our flat's front door in, has 2 BIG crossbows in the flat (are these illegal?), and I doubt he's gonna pay us......

Is there a quicker way of getting him out legally?????
Seems unfair on me that flat is at risk with dodgy tenant in?


..and I don't know any hardmen in Edinburgh!!!

Civic Type R

Read this my good man..........

EVICTION ISSUES ..............

I have been letting out a cottage on my farm for a number of years with only a few small niggling problems to contend with. Unfortunately my current tenant is persistently in arrears with his rent and I feel that enough is enough and the tenant must go. I often have to wait six or seven weeks at a time and, although I get plenty of promises of payment, I do not feel that this tenant is being straight with me. What do I do to get him out legally with as little cost to me?

It is very difficult to answer your question without seeing the Lease and supporting Notices that were served on the tenant prior to the tenant taking up residency of your cottage. There are different Notices that can be served depending on the type of lease being used. As an Agency, 90% of our leases are Short Assured Tenancies, with the remaining 10% being Company Lets.

In Scotland an official Notice, known as Form AT5, has to be served on a tenant prior to any lease being set up. This Notice informs the prospective tenant that the Lease is a Short Assured Tenancy set up under the terms of Section 32 of the Housing (Scotland) Act 1988. This type of lease provides Landlords with greater protection against problem tenants than, for example, an assured tenancy and is therefore the most common type of lease used. Failure to serve an AT5 can invalidate a lease and as such can affect a decision should you go to court for an eviction order.

Eviction under a Short Assured Tenancy is not a quick process. Much depends on applying the right process at the right time. Physical eviction without a court order is not an option.

Under the Housing (Scotland) Act 1988 there is a specific process to achieve a legal repossession. The Landlord must serve on the tenant a Notice to Quit using the correct wording and giving the correct dates of recovery. The Notice to Quit is a very important piece of paperwork as it formally brings a Short Assured Tenancy to an end, blocking the creation of a new lease under the principal of tacit relocation. Tacit Relocation is the process where a new lease is automatically created in the absence of lease extension or new Short Assured Tenancy lease, imparting the same terms and obligations on Landlord and Tenant as the original lease.

A Landlord is also advised to serve a Form AT6, Notice under Section 19 of Intention to Raise Proceedings for Possession, two months prior to the desired repossession date. This Notice sets out the reasons under which the Landlord seeks repossession. This may be the end of the six month lease (the minimum period under a Short Assured Tenancy), or sooner under specific Mandatory or Discretionary Grounds as set out by the Act.

To be successful in a court action for re-possession the Landlord has to show that the reason for evicting the tenant is reasonable and legal. Legal technicalities such as the incorrect wording on a Notice, incorrect method of serving Notice, incorrect or missing clauses in a lease, illegal or unreasonable actions by the Landlord and so on can all add considerable cost and loss of time for a Landlord.

Eviction is an expensive and time-consuming business, even when all the paperwork is right. Good legal advice and a reliable solicitor is far better than trying to do it yourself. From the serving of an AT6 to the Sheriff's Officers evicting the tenant can take, if uncontested, four to six months depending of how busy the Sheriff's Court is, plus time to repair, replace and redecorate after the eviction. In future use a professional Letting Agent such as Key-Lets and avoid the pitfalls in the first place.

imlach

I dont' see how a professional letting agent could do anything different than serve the eviction notice I am serving......


[Edited by imlach - 17/04/2003 12:58:30]

scoobyroof

Pay someone a Large Fee and chuck him out with all his belongings, but whatever you do dont you get involved!!!!! Useless advice I know but I do understand your frustrations, Baseball bats works fine though and report him to the police for the crossbows!!!!!

The Saint

I am sure that you might find some special advisors who may be able to help you in Clydebank, Mastrick, Torry etc etc.

This could be done on a "plausible denyability" basis.

Scum do not like mixing it with the local mob, the localmob hate scum and love money.

(Scum+anti-scum(with mob)+(knucledusters)+(positive encouragement))+(money for "special representation)=very good and quick outcome.


Fact: the Saint has never endorsed extra-legal action or illegal action.

Factolitical power grows out of the barrel of a gun. Mao.


Bye-bye-bloodsucking ponces.



Saint