Afternoon all - hopefully someone will be able to help and advise :)
I am a landlord up in Scotland and have a lovely large 2 bed property that I lived in until a time I relocated due to my job. As I wished to keep it as an asset I made the decision to rent it out through an agency, who did all tenant finding, viewings, references etc and found me a family to rent it who moved in in September 2013.
Now my circumstances have changed and I am now wanting to move back to the area, and as such wish to have my property back for my own use. I gave the agents notice back in January and they have told the tenant and inform me issued all the correct notices. Since then the tenant has been really hit and miss with rent and owing in excess of £1100 until Friday when it appeared! They have caused damage to the property (nothing major but ripped wallpaper, kids drawing directly onto the walls etc). Now agent has said firstly that the tenant does not wish to move as she has a young family and as its a nice area it is impossible to get another like for like property as one they never come up for rent (mine was the first in five years) and houses are just generally not available to rent on the market. Also she is renting it for £150 below market value as with the move I preferred to get somebody in opposed to it lying empty for months while I waited for the optimum price.
Anyway, rent arrears have now been paid however the tenant is claiming that she had been informed by the agent that I had no intention of ever moving back, nor of selling the property. Now I would never have said that as I never know what the future holds and if I wanted to buy another property I would need to sell that one as the rent does not cover the mortgage and I can't afford two houses end of. Where do I legally stand if she is claiming this was let to her as a home for life? She was on a AST and the notice to quit ends on the 12th March?
If she does not move out this would actually cause me potential disruption as I have taken a new job which expect me to start on the 23rd - if I have no accommodation (I am living with my Mum in Kent at the moment!) I cannot take the job and since I have quit here it would also impact my earning capacity.
If she doesn't move out on the 12th (I am told she has only just started looking for properties) where does this leave me? Where do I go next as I will be homeless and jobless if I cannot move up. How long and what is the procedure for eviction is Scotland?
Many thanks :)
I am a landlord up in Scotland and have a lovely large 2 bed property that I lived in until a time I relocated due to my job. As I wished to keep it as an asset I made the decision to rent it out through an agency, who did all tenant finding, viewings, references etc and found me a family to rent it who moved in in September 2013.
Now my circumstances have changed and I am now wanting to move back to the area, and as such wish to have my property back for my own use. I gave the agents notice back in January and they have told the tenant and inform me issued all the correct notices. Since then the tenant has been really hit and miss with rent and owing in excess of £1100 until Friday when it appeared! They have caused damage to the property (nothing major but ripped wallpaper, kids drawing directly onto the walls etc). Now agent has said firstly that the tenant does not wish to move as she has a young family and as its a nice area it is impossible to get another like for like property as one they never come up for rent (mine was the first in five years) and houses are just generally not available to rent on the market. Also she is renting it for £150 below market value as with the move I preferred to get somebody in opposed to it lying empty for months while I waited for the optimum price.
Anyway, rent arrears have now been paid however the tenant is claiming that she had been informed by the agent that I had no intention of ever moving back, nor of selling the property. Now I would never have said that as I never know what the future holds and if I wanted to buy another property I would need to sell that one as the rent does not cover the mortgage and I can't afford two houses end of. Where do I legally stand if she is claiming this was let to her as a home for life? She was on a AST and the notice to quit ends on the 12th March?
If she does not move out this would actually cause me potential disruption as I have taken a new job which expect me to start on the 23rd - if I have no accommodation (I am living with my Mum in Kent at the moment!) I cannot take the job and since I have quit here it would also impact my earning capacity.
If she doesn't move out on the 12th (I am told she has only just started looking for properties) where does this leave me? Where do I go next as I will be homeless and jobless if I cannot move up. How long and what is the procedure for eviction is Scotland?
Many thanks :)
Wanting to gain possession of my rented property for my own use!
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