Evicting Tenants

Purchasing buy-to-let property has been one of the more attractive investments in the UK since the latter part of the 1990s. Rental property provides a good income in the present, as well as financial stability for the future. However, being a landlord is...

In granting a lease, a landlord grants a tenant the right to be in the property. Until this right is legally brought to an end, the tenant can remain in the property.

A landlord who decides to change the locks without following the correct legal procedure are committing a criminal offence...

In Scotland, the most common types of private tenancy are the Assured Tenancy, and the Short Assured Tenancy. However, these are by no means the only type of tenancy, and others (such as Scottish Secure Tenancies) are commonly used by local authorities and housing associations.

A Short...

In 2007, the “repairing standard” to which landlords must adhere was defined by statute.

  • the property must be wind and watertight
  • the property must be fit for the tenant to live in
  • the structure and exterior of the property (for example, the walls, roof, gutters and
  • ...

In the absence of any specific clause in the lease, tenants are required to give a landlord access for assessment and repair upon receiving “reasonable notice”. Assuming there are no access provisions in the lease, as a rule of thumb a reasonable period is no less than 24 hours.

Firstly, tenants must be served with the correct notices.

For Short Assured Tenancies, this can be done by serving a Notice called a Form 33 two months before the tenancy is due to end. A Notice to Quit must also be served, and this is normally done along with the Form 33.

In order...

In these cases, a court order is required if it has not been granted already. This requires a summons to be prepared. In some cases, if the correct notice has been given, a Sheriff must grant the order for eviction. However, there are some circumstances, particularly in the case of Assured...

In certain circumstances, yes. As a landlord, you have a duty to keep the property in a basic standard of repair. If tenants have given you notice of repairs which need done, you require to carry out these repairs in a reasonable period of time. What is “reasonable” depends on the nature of the...

All other things being equal, unlikely. For example, tenants who have assured tenancies require to be three months in arrears before they can be evicted on this ground. In some cases, irritancy clauses allow the landlord to evict, but advice should be taken in every case.

In order to correctly evict tenants, certain notices have to be served. The notice which is used depends on the type of lease the tenant has. If the wrong notice is used, or an incorrect notice period is given, then the tenant cannot be evicted.

In some cases, failing to intimate the...

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