jenkins Posted April 9, 2009 Report Share Posted April 9, 2009 I'm guessing there's only at best a small number of Scottish landlords here but any info on the following would be appreciated. After getting some conflicting views/opinions from letting agents themselves on the 'proper' way to end a tenancy and staying on the right side of the law, I've been doing a fair bit of reading and want to see if my grasp on this is correct. I prepped a number of points and a simple Agree/Disagree would be nice from people who care to comment... 1) The Notice to Quit and AT6 are of course two seperate forms each with their own periods of duration/effectiveness, but by combining them you take as precedence the form with the longer notice period and using that for both can issue them together. - Agree/Disagree ? 2) Assuming you issued a NTQ properly, if that period expires and the tenant decides not to leave and only THEN you issue the AT6, you must then wait till the AT6 notice expires before seeking a possesion order, effectively lengthening the time of recovery. - Agree/Disagree ? 3) ALL grounds 1 to 17 of the AT6 can be used to seek a repossesion of your property before the agreed term of the let has expired. - Agree/Disagree ? 4) Example... the initial term has expired and the let is now an ongoing monthly renewal. The Landlord simply wants the property back... AT6 must be 2 months notice, NTQ must be 4 weeks notice. Serve both with 2 months notice so they end at the same time of a monthly term. - Agree/Disagree ? 5) Example... 5 months into a yearly agreement the tenant is consistently in arrears and becomes a nuisance, Landlord doesn't want to wait till the end of term... AT6 must be 2 weeks notice, NTQ must be 40 days notice. Serve both with 40 days notice at any time of month. - Agree/Disagree ? 6) Example... a 6 month lease is agreed upon and the NTQ is issued at the same time as the signing of the lease (effectively 6 months before it comes into effect)... After the 6 months has passed, although the tenant has been exemplary they decide not to leave. You then issue the AT6 but that requires another 2 months notice meaning its not untill month 8/9 that you can seek a possesion order. - Agree/Disagree ? Thanks in advance. Link to comment Share on other sites More sharing options...
jenkins Posted April 15, 2009 Author Report Share Posted April 15, 2009 Hmm I've emailed this to two letting advice org's too and it seems no one wants to commit to this question. Guess I'll need to see if a solicitor will comment gratis. Link to comment Share on other sites More sharing options...
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