How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

A Scottish tenancy, tenancy is for 3 months from november till

Resolved Question:

A Scottish tenancy, tenancy is for 3 months from november till February and has been extended, is not a short assured tenancy as it less than 6 months, tenant has still been given a further 2 months as notice to quit to leave, the tenant wants to go homeless to get a council house, council are saying I have to evict the tenant through court order I believe I have followed the law correctly
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The tenant has an assured tenancy. You have a problem with this as the tenancy should have been a short assured tenancy. What you have is an assured tenancy. You can only evict on certain limited grounds. The council clearly want you to take the tenant to court in the hope that the judge won't grant an eviction order so that they don't have to rehouse the tenant.

If your tenant will just leave on the basis that he thought that he had to then the council will have to rehouse him. If he doesn't want to leave then you will have to go the through the eviction procedures.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 3 other Scots Law Specialists are ready to help you