Geezah Posted March 19, 2013 Report Share Posted March 19, 2013 My other post detailed problem of a tenant who has decided to stop paying rent for no reason. I have to wait until he has built up 3 months rent arrears before I can attempt ot evict him on mandatory grounds. There is the option of trying to evict him on discretionary grounds, which of course costs money, takes time and crucially, is risky. I have spoken to a couple of people in the landlording field and in their experience, trying to evict a tenant on discretionary grounds is a waste of time and money, the judge invariably comes down on the side of the tenant, Best to let them live on rent free until the 3 month point then use mandatory ground, non - payment of rent. Then, take out small claims court action to recoup what is owed, or maybe take small claims action against him now? My fundamental question is... has anyone successfully evicted a tenant using only discretionary grounds? Link to comment Share on other sites More sharing options...
Richlist Posted March 19, 2013 Report Share Posted March 19, 2013 A section 8 is mandatory and can be processesd after the tenant owes 2 months rent .....thats 1 month & 1 day.......not 3 months. Link to comment Share on other sites More sharing options...
Grampa Posted March 19, 2013 Report Share Posted March 19, 2013 I have evicted on discretionary grounds 10 & 11 about 3/4 years ago.. At the start of the process I also had ground 8 which is mandatory but recieved a payment from the council before the hearing which brought the arrears to under 2 months. The tenant didnt turn up at the hearing and the judge gave a possession order. No 2 cases are the same and the outcome depends on: The judge If the tenant turns up How many times the tenant has been in arrears. How lucky you are on the day. As it only costs £100 to apply on line it is worth a punt if you are that fed up with your tenant plus it may give the tenant a kick up the backside. Link to comment Share on other sites More sharing options...
Geezah Posted March 20, 2013 Author Report Share Posted March 20, 2013 Thanks for the gen guys, I should have pointed out that the property is in Scotland where I am informed mandatory ground 8 can only be served after 3 months rent arrears have been stacked up. Was that Landlord Action that you uses Grampa? They don't cover Scotland anymore, when asked was it because its too difficult, reply was..."you cpould say that!" Link to comment Share on other sites More sharing options...
Richlist Posted March 20, 2013 Report Share Posted March 20, 2013 As far as I'm concerned Scotland is a different country when it comes to landlord & tenant matters and any comments I post on this & other sites relate to England & Wales. When are Scotland going to get their own rental property web sites ? Link to comment Share on other sites More sharing options...
Grampa Posted March 20, 2013 Report Share Posted March 20, 2013 I did it myself Link to comment Share on other sites More sharing options...
Geezah Posted March 21, 2013 Author Report Share Posted March 21, 2013 There are a lot more similarities than differences between scottish and english tenancy law. Link to comment Share on other sites More sharing options...
Grampa Posted March 21, 2013 Report Share Posted March 21, 2013 I wouldnt like to be agent on the border with half the properties either side. Link to comment Share on other sites More sharing options...
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