Ending Short Assured Tenancy in Scotland due to rent arrears

by Readers Question

11:45 AM, 22nd February 2015
About 4 years ago

Ending Short Assured Tenancy in Scotland due to rent arrears

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Ending Short Assured Tenancy in Scotland due to rent arrears

My tenant is now 3 months in arrears.

I had written to them offering repayments in instalments which they accepted but then paid nothing. Ending Short Assured Tenancy in Scotland due to rent arrears

I applied to have housing benefit paid direct to me which council agreed to, but they cannot pay me until the receive “change of circumstances” paperwork from tenant. Tenant has known this for the past three weeks and has done nothing to address paperwork, or make any instalment payments.

I know I need to give a “notice to quit” giving two months notice.

Do I issue an AT6 at the same time or is there another form that needs to be issued before I issue AT6.

Thanks in advance.

Vicky



Comments

Mark Alexander

11:47 AM, 22nd February 2015
About 4 years ago

Hi Vicky

I my humble opinion, the most cost effective way to obtain quality guidance on Scottish landlord and tenancy law is for you to become a member of the Scottish Association of Landlords - see >>> http://www.property118.com/scottish-association-of-landlords-membership/

It costs nothing to enquire about membership 🙂
.

Scottish Association of Landlords

9:12 AM, 23rd February 2015
About 4 years ago

Hi Vicky

We have an advice team who can help you today - we can't post specific advice here as we would need to ask a few questions about the paperwork in place to be sure of the tenancy details.

We can also advise you on a method to get the HB payment directly from the Council, without any action by the tenant, depending on the circumstances.

Our advice helpline is open 9-5, or we can call out of hours by appointment. You you can join and access advice at the same time - please see http://www.property118.com/scottish-association-of-landlords-membership/

We would be pleased to help you. Our landlord membership fee is tax deductible against your rental income and covers unlimited access to helpline, free training all across Scotland, magazine, Scottish document downloads, enews updates and much more.

Look forward to hearing from you and helping you to get this situation resolved.

With regards from all at the Scottish Association of Landlords

Marell Gillespie

13:37 PM, 23rd February 2015
About 4 years ago

Vicky,

I suggest you take legal advice as removing tenants re rent arrears is in my experience/opinion not that simple.

You can serve an AT6 under rent arrears grounds. This can be done on just 14 days notice. However the disadvantage of relying on rent arrears grounds to remove tenants is that they can dispute the arrears are due for one reason or another (they withheld rent re boiler broken, window repair blah, blah) and this will delay the action. Also, if you raise an action under rent arrears grounds and the arrears are paid off, then you can no longer rely on this as a basis for recovery.

The other option is to serve notice to quit and section 33 notice however these notices will have to coincide with the lease end date. There is no defence to an action raised under S33. The only defence to such an action would be if the tenant was to claim that there was some defect with the notices served.
I always have these notices served by Sherriff Officers and then they can’t say they did not receive.
I know that by doing this you will be incurring additional costs on top of not receiving any rental income for three months but I’m sure you are the stage you just want rid and your property back.
The Scottish solicitor I use charges £75.00 plus vat to do this and sheriff officers serve for £60 plus vat.


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