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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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i currently rent out my flat to a tenant in scotland, he has

Customer Question

i currently rent out my flat to a tenant in scotland, he has signed a short assured tenency, an at5 form has also been issued, i have a clause in the contract stating no pets allowed without my written consent, there is a dog in the house, if i were to use this as grounds for eviction, how much notice would i have to serve?,and what paperwork-procedure would i have to follow
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years of experience. I will try to help you with this.

LondonlawyerJ :

What sort of pet is it and is it damaging the flat or irritating the neighbours. How long until the term of the tenancy expires?

JACUSTOMER-ecemxs1x- :

it is a dog, i am meeting tenant at 9am, i was at flat 2 or 3 times last week, no one was in, dog was barking, he is only in 2months, tenancy expires in may

JACUSTOMER-ecemxs1x- :

are you looking at this problem

LondonlawyerJ :

Yes I am and am working on your question. You will have your answer in good time for your meeting.

JACUSTOMER-ecemxs1x- :

ok thanks

LondonlawyerJ :

OK. In order to get possession before the end of the tenancy (when you have a right to possession on 2 months notice) you will need to show that one of the grounds set out below applies:

- 8 weeks/2 months rent arrears,

- Persistent delay in paying the rent,

- Breach of any obligation, of the tenancy,

- Waste or neglect,

- Nuisance of annoyance,

- Deterioration of furniture,

- Violence to occupier.

Of these it would seem that the breach of obligation ground is the most likely to be useful. The tenant appears to be clearly in breach of one of his obligations under the tenancy. If the dog is often very loud then the nuisance or annoyance ground could be triggered. The full ground is “conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in lawful activity in the locality”. If the dog has damaged furniture then the deterioration of furniture ground could also be activated.

Any of these grounds could be used to seek possession. However this is not as straightforward as it sounds. If possession proceedings are brought under any of these grounds then you will also need to satisfy the court that it is reasonable in all the circumstances to grant a possession order. It is by no means certain that a court would grant a possession order even if a ground for possession is found to exist.

You would need to serve a notice seeking possession in the correct form and when the notice has expired you would need to issue possession proceedings and go to court.

The procedure could be expensive, lengthy and uncertain in outcome. It might be that your time and money could be better used in seeking possession on the expiry of the term of the tenancy in May when you have an automatic right to possession.


I hope this answers your question but if you would like any further information then please ask me. Also I would be very grateful if you would re-rate my service. This will not close your question and I will continues to answer further questions.

JACUSTOMER-ecemxs1x- :

what is correct procedure for eviction at end of agreement, what paperwork ie forms do i need to issue to him?

LondonlawyerJ :

Terminating a Short Assured Tenancy
A tenant with a short assured tenancy has security
of tenure only during the agreed period of let. The
tenant can only be evicted during this time if they
break any of the tenancy conditions. At the end of
the agreed period the landlord can apply for
repossession. However, the tenant can stay on
until the court grant the landlord an order for
possession.
When a Short Assured Tenancy comes to an end,
there are 3 options:
• Renew the tenancy for a fixed term
• Recover possession (a reason does not have
to be given if the tenancy has validly come
to an end)
• Allow the tenant to remain in occupation on
a statutory tenancy.
• The landlord has given notice that they
require possession of the house – as of 31
August 2011 where a landlord intends to
repossess a property on the basis of their
right to do so under Section 33 of the
Housing (Scotland) Act 1988, they do not
have to serve an AT6 alongside the Section
33(1)(d) Notice.
The Notice to Quit has to be served at least 28
days or 40 days before the end of the tenancy. A
Section 33 notice must also be served along with
the NTQ (sample Section 33 Notices available in
appendices) this informs the tenant that the
landlord requires possession of the property at the
termination date. An AT6 is required if you wish to
repossess a property stating grounds for the
repossession.
Please remember that a tenant only has to move
out if a court order has been obtained.
When the fixed term tenancy comes to an end you
must give the tenant at least two months notice, in
writing. This can be served during the tenancy to
coincide with the end of tenancy date (i.e. 2
months prior to the expiry of the lease). If the
tenant refuses to leave at the end of that date, the
landlord still has to go to court to evict.
For the landlord to gain possession of the property
at the end of the short assured tenancy, the court
must be satisfied that:
• It has come to the end of it’s set period
• What is called ‘tacit relocation’ is not
operating (if the proper notices have not
been served on time, then the short assured
tenancy will continue on the same terms
and condition as the original tenancy)
• There is no further contractual tenancy existing
• The landlord has given notice that they
require possession of the house – by serving
an AT6 (sample AT6 notice is available in
appendix 3) along with a Notice to Quit
(NTQ) (sample Notice To Quit is available in
appendix 4)
The Notice to Quit has to be served at least 28
days or 40 days before the end of the tenancy. A
Section 33 notice must also be served along with
the NTQ ( sample Section 33 Notice available in
appendix 5) this informs the tenant that the
landlord requires possession of the property at the
termination date. The Notice (AT6) telling the
tenant that the landlord requires possession must
be served 2 months before possession is required.
Please remember that a tenant only has to move
out if a court order has been obtained.

LondonlawyerJ :

This is an extract from a guide for private landlords published by Ayrshire Council last year which contains the general information you are looking for.

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