Nightmare tenants – Aren’t they always?

Nightmare tenants – Aren’t they always?

16:28 PM, 23rd December 2021, About 4 weeks ago 6

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Hi everyone, I’m new to the forum. I renovated my daughter’s house (Scotland ) which was uninhabited for some time and in poor repair. I footed the bill myself as she was unable to, and I didn’t want her mortgage free asset to deteriorate further. The cost was approx 20k. She consented to let the property in order for me to recoup my costs.

The tenants are the worst I have ever experienced over the years, with anti-social behaviour and late payments / Rent Arrears.

Have considered means of eviction, but my daughter has decided that selling the property is the best option for both of us.

I have read this is a mandatory reason for eviction but can be discretionary and for a tribunal to decide.

I’m confused!

I want rid of the headache tenants, with my daughter willing to compensate me out of the sale.

Can anyone advise how I can proceed with this plan without falling into any legal traps the tenants may set, as they are very slippery creatures?

I have had claims of domestic abuse and drug use retracted by the female tenant when the eviction was pursued via an anti-social, domestic abuse route.

Lawyers were instructed etc.

Catherine



Comments

by Christopher Marsden

8:40 AM, 24th December 2021, About 4 weeks ago

I've been a member of 118 and a landlord since 2013 and my view would be to employ professional help using a company such as Landlord Action. They will ensure that your paperwork is in order and legally compliant and steer you through the court system. I don't know if they operate in Scotland.
I used them to retrieve our property in London and they were very professional and once we served notice on the tenants they found another place and moved on.

by Katy Ann

9:39 AM, 24th December 2021, About 4 weeks ago

Make sure you consult a lawyer who's qualified in Scottish property law rather than English property law.

by Katy Ann

9:49 AM, 24th December 2021, About 4 weeks ago

And be clear about who's taking the eviction action. Your daughter owns the property so the rental contract with the tenants is presumably in her name. That means she's responsible for any eviction action.

by Peter Poupard

11:12 AM, 24th December 2021, About 4 weeks ago

I agree with the advice about getting a professional in to do the job. I too used Landlords Action though I'm sure there are many others. The point being don't try to do it yourself the time, stress and cost will make it worthwhile

by Rush001

16:42 PM, 24th December 2021, About 4 weeks ago

So the anti-social route was a dead end? You had no proofs to back it up? I can't imagine tenants being able to just wriggle out of that so easy.. maybe your solicitors didn't help your prepare enough?

Why don't you try the rent arrears route then? It's mandatory if arrears amount to 2 months+ rent.

If you do want to sell up, it shouldn't be too complicated I believe.

I don't know if you got proper eviction specialists or just generic lawyers but you should definitely get the former.

by Simon Bates

21:16 PM, 24th December 2021, About 4 weeks ago

I have evicted tenants in Scotland. I provided copies of the tenancy agreement, rent statement showing all payments and arrears, and the prescribed notice to quit. The tribunal saw that these were all as required and the tenants had agreed that they were all accurate. The hearing was done by phone due to covid. The judge simply stated that because everything was done correctly and the rules at the time of notice to quit made it mandatory for him to grant the eviction. If everything is clear and documented then not much need for solicitors, but if you have doubts then they should check everything is in place. Scottish law is on principle that both sides should try to reach agreement of facts as far as possible before tribunal, so a judge will likely take a dim view of any 'tricks'.


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