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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11671
Experience:  30 years as a practising solicitor.
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I have a home and a small cattery business in Scotland I have

Customer Question

I have a home and a small cattery business in Scotland I have had a couple looking after it and my 2 cats for me in exchange for free rent all bills and a small wage we do not have anything in writing as these were just friends of friends, I have discovered they have been keeping all the cash from the business as well as me paying them I want them out of my house asap how fast can i get them out can I just tell them to leave now they have their own house just a mile away, they are running up my phone bill and electricity
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

From what you say these people are in your house because they are working for you. They have to live on the premises going to the nature of their occupation. What that means is that they are service occupiers and they have a service tenancy.

When you terminate their employment, you can also give them notice to terminate the service tenancy. The amount of notice required would normally be stated in the employment contract. Because there is no written contract of employment the notice you have to give them is such notice as is reasonable.

Four weeks notice is deemed to be reasonable. You have to send them an official notice to quit. If they don't leave you would have to go to court to get a court order. That could take some months.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.