section 33

[adonaghy]

Hi, my tenant ( a friend) agreed to vacate tenancy but i'm told hasn't found suitable accommodation elsewhere. I am going to seek legal advice (Scotland)  and hope to have him vacate on a no blame basis. Id bought the house with the intention of renovating and selling. made the mistake of 'helping out a friend' and now cant get rid. my question is around my request for thew property to be vacated to allow me to move in. I did live there during renovation, but it wasnt my principle home. Whilst i do genuinely wish to move in to said property, would a court seek evidence that i lived there previously and what would i need to provide?? 

Hoping he will just go quietly when 2 months notice is up, but need to be forearmed.

 

Tenancy was on a short assured tenancy with an AT5 issued prior to signing for tenancy. No deposit and got gas certificates and registered myself as a  landlord.    

[fionaf]

I don't know the Scottish system so can't advise properly so any advice I have will be analogous to the English system. In the English system as long as you've been clear in your contract with the tenant on an Assured Shorthold Tenancy you can claim back from them any reasonable court fees or legal or bailiff costs if they don't vacate when the time is up so if it is same for you it may be helpful to point this out to your tenant if they start giving indications that they don't intend to move. If your tenant is seeking advice from a homeless charity like Shelter I find that the charity will often fail to mention this to them and paint the landlord as the devil and give them lots of free advice (not all of it necessarily good) and recommendation they hang on until the bailiff knocks on the door. 

I think whether you want to live there or not is beside the point and unless there is a major difference that gives you the right to get possession earlier it is a red herring. In English law if you are a resident landlord, i.e. the person is a lodger and they only rent a room and you reside there too then the process is completely different but that doesn't sound relevant to your situation. 

[Richlist]

Most tenants don't have enough money to repay court costs, unpaid rent, damage to properly or anything else you might think you are entitled to claim..

That's why it's important to do the following

1. Take a deposit.....as large as you can get.

2. Pick your tenants very, VERY carefully.

3. Take rent guarantee insurance.

4. Get a home owning guarantor.

Then you are likely to get virtually all the money you are owed.