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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience:  30 years as a practising solicitor.
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I am currently in the process of evicting my tenant due to

Resolved Question:

I am currently in the process of evicting my tenant due to rent arrears.
She has been served legal notice with that notice now expired.
I had a lawyer dealing with this case who informed me it would only be a few months for me to receive my property back.
This person has now left the law firm and the person now dealing with my case informs me the process can possibly take 18 -24 months.
The rent arrears over the last 3 years is approx. 15000 and my new representative has said that since i am seeing the tenants for this amount, although i had never instructed the law firm to do this, it will be more drawn out than what it could be.
The tenant is on housing benefit so i don't see much point in going down this route as i will never see this money.
This question is based in Scotland.
Submitted: 2 years ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland and have been passed your question.
I would change your lawyer. It should not take that length of time to evict a tenant for rent arrears. As you say that the notices have been served and have expired and as you acknowledge that you won't get the rent back, then all you need is a summary cause action for recovery of the heritable property. That should easily be dealt with within 4 - 6 months especially as there is no credible defence to the action.
Happy to discuss.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience: 30 years as a practising solicitor.
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