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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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My daughter owns a house in Sprinholm but for last three years

Customer Question

My daughter owns a house in Sprinholm but for last three years has lived in her Father's house in Annan whilst he was abroad. He is coming home in August and she wants to give tenants notice to leave as it is her one and only home she wants to sell property and move nearer her work. Agent is telling her she is not allowed to give tenants notice as they will sue her for making them homeless, however how can this be as it is her only home and surely can sell it if she wishes.Helen
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

A lease is a binding contract and she can't get the house back until the lease ends. She has to give two months notice prior to the contractual end of the lease.

She could sell the house but not with vacant possession. In other words it is legal to sell the house with the tenants in it and some investment buyers may want to purchase on that basis. But she can't insist that the tenants leave before the end of the lease.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks - Yes she is happy to give the tenants 8 weeks notice and put house up for sale but what agent is saying she is not allowed to do that , he says she must return there and live there for a reasonable period of time, she has explained that is her one and only house and NOT buy to let, he says the tenants will sue you if you put the house up. Many thanks. Helen

Customer: replied 3 years ago.

Many thanks - Yes she is happy to give the tenants 8 weeks notice and put house up for sale but what agent is saying she is not allowed to do that , he says she must return there and live there for a reasonable period of time, she has explained that is her one and only house and NOT buy to let, he says the tenants will sue you if you put the house up. Many thanks. Helen


 


 


The lease is a short assured tenancy which lasted 6 months i, it is now extended on a rolling monthly basis and the tenents have been ther 14 months. Thank you

Expert:  JGM replied 3 years ago.
That's nonsense. She's entitled to end the lease on the date that it's due to end by giving notice.

The agent is getting confused with the legislation. There is a ground of possession whereby someone can ask a court to make an order for recovery of the property on the ground that it is the persons only home and the court MUST make the order as opposed to other grounds where the court MAY make the order.

However, that's not relevant here as in any event a landlord can't take the house back until the lease ends as I said before.
Expert:  JGM replied 3 years ago.
She should check the terms of the lease to ensure it is on a rolling monthly basis. If the lease doesn't express say that then it's on a six monthly rolling basis, a law called tacit relocation where the lease renews itself for the original period.
Customer: replied 2 years ago.

My daughter managed to get tenant to leave on 10th of June after giving him notice and now instead of moving in they want to put house up for sale - will there be a problem under Scottish law to selling the house after giving a tenant notice to leave, some people say they could be taken to court for this. Thank you. Helen

Expert:  JGM replied 2 years ago.
As it was her only residence and had intended to move back there, she should be OK as long as she has a genuine reason for now selling the house. It would of course be better that they moved back, even if just for the period of the sale.

The tenant will have moved on so realistically the chances of being sued are minimal.
Customer: replied 2 years ago.

Sorry I have confused you , the tenants have left - she gave them the required notice, in fact they were 2 days late leaving, what she wants to know is can she now put the house up for sale as she does not want to live in it, she has had various comments like she cannot sell because she has asked tenants to leave etc, they can take her to court?? - can you answer that, many thanks Helen

Expert:  JGM replied 2 years ago.
If the tenants have compiled with a notice to quit then they cannot take her to court.

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