Help with Notice to quit in Scotland
I am based in Scotland so I know the rules are a bit different, however here’s the story…
Tenants turn up look lovey ,nice respectable, however within a month or so all hell breaks lose…..so lawyer issues a notice to quit and a s33 on the tenants, now both became active at the same time the lease expired, and I thought that sheriff officers would enforce eviction immediately at that point.
However, I’m now being told we need to go to court to enforce the notice to quit and s33 and that will take around another 2 months. Is this right, once the NTQ and s33 come into force you still need to go back to court to get the courts permission to actually enforce them…
and the estimated cost for all this is around £450.
Thanks
M
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Member Since February 2011 - Comments: 3454 - Articles: 286
1:21 PM, 9th April 2015, About 11 years ago
Hi,
May I recommend you make contact with the Scottish Association of Landlords SAL
please see >> https://www.property118.com/scottish-association-of-landlords-membership/
I will email Judith from the SAL and see if she can help as well 🙂
Member Since January 2015 - Comments: 2
3:10 PM, 9th April 2015, About 11 years ago
Hi M
Law in Scotland only allows for a Sheriff to evict a tenant. The s33 and associated notices only end the contractual tenancy and allow you to make an application to the court for eviction. Even after the Sheriff grants decree, assuming he does, The Sheriff Officer has to apply to the court for consent to carry out the court’s instruction. Given the tenant has a right of appeal and the further action could and likely will add around 4-6 weeks to the action if granted. Court diaries vary but expect 6-8 weeks for a 1st hearing in Edinburgh or Glasgow.
I am not replying as an authority from SAL but am a CLA member.
Member Since March 2015 - Comments: 9
5:58 PM, 13th April 2015, About 11 years ago
Hi
Thanks for all the info…
As I write I don’t really know whether the tenant is still there or not. Neighbours say she’s moved her stuff out, her mother in law says she still has stuff to move so cant hand back the keys yet and I just cant get a hold of the actual tenant to find out what’s going on.
This is the first time I ever had so much hassle from the one flat!
Member Since June 2014 - Comments: 325
10:21 AM, 14th April 2015, About 11 years ago
Hi M, simply reinforce Neil Paterson’s recommendation to join SAL and benefit from their legal advice. That way you get the correct advice and support. Allan