Landlord Obligations?

Question

my sister is a landlord and is moving back into her house that she has leased so does she have to go through her solicitor to tell them they have to move out. what is her legal obligations for scotland. thanks

Answer 1

Cases like this can be tricky, so she would be well advised to go through her solicitor. One of the key factors will be the type of tenancy that she issued to the tenants - I'm not totally up on the law in Scotland, but in England the usual tenancy issued in these cases should be an 'Assured Short-hold' - but to end it there are a number of different Notices (of possession) that can be issued. Which one should be issued can very often depend on the wording of the Tenancy that was issued - and in particular the dates which were set out in the Tenancy.

If you get any of these details wrong you can end up having to re-issue the Notice. Most of these Notices will require a two month waiting period requesting the tenants to leave, before you can go to court, and before they are required to leave.

It is often worth considering financial incentives, because the courts can be very slow. Its also a good idea to try and discuss things amicably with the tenants, so that you know what they intend to do, because a tricky tenant who knows their rights can be a real pain.

Answer 2

I'm not sure about Scotland but in England you have to give 3 months from the Tenant's next rent due date. I'm not sure about "having to" go through a solicitor ( I use a property management firm) but if I was your sister I would give them 3 months notice first. Only going through a solicitor if she has problems getting them out. I hope this helps.

Answer 3

Has your sisters tennents a current rent agreement / tenancy , if so she will have to wait untill 28 days before it ends and write to them that she is not re newing it.

If not all she does is give the notice 28 days to move out , if they don't , she will have to apply to Country Court for a Court Order

The safe way to go is to seek legal advise

Answer 4

I live in America but I think you have to wait for the lease to run out to take the house back. You have to tell them a month before it expires they have to go.

Answer 5

basically guys... the refrigerator is servicable... it keeps food cold... I recently worked as a property manager for 200+ rental units in Hawaii... and had the same problem... some tenants didn't like their fridge.. it was noisy and old... they had the same arguments... except the broken shelf bit... but I had to explain to them that unless they were going to pay for a new fridge themselves my hands were tied... when it stops working... then the state mandates a time limit (3 days maybe) for it to be replaced... wanna help it along... leave the doors open for a weekend... it may spike your bill... but it just may be the 'overwork' that it needs to kick over good luck

Answer 6

in the contract it will say that the landlord has to give them a set amount of time before evicting them. So she will probably have to wait a month or two

Answer 7

Landlord or not she will have to give them thier time.
It should state on her contract which in most cases 30 days.

Answer 8

if they signed a lease, she has to wait until the lease is up. she also has to tell them that she is not going to renew the lease and that they need to look for another place to live

Answer 9

She needs to give them a thirty day notice if they are recieving housing assistance she must give 60 day notice (CA)

Answer 10

within the contract time she cant if contract expired she is required to give 60 day notice of intent to reposes