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: 11557
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I let my flat to a 4 students jointly and severely under a

Resolved Question:

I let my flat to a 4 students jointly and severely under a pucker Short assured lease. They paid the first months rent and 4 months later they have not paid a bean since!
I served a sec 33 and an AT6 on them and a summary cause for the cash.
But when the sheriff officer tried to serve he discovered they had (unofficially) sublet the flat and gone.
Does the 33 and AT6 cover me for asking the (unidentified) aliens to move on or do I start the whole 33 AT6 thing again?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Yes, it does because they are illegal sub tenants. Your cause of action is against the tenants. The fact is that the flat is occupied. It's not for you to enquire who is occupying. A subsequent court action would seek removal of the tenants and their family, sub tenants etc.
The only concern I would have is that you should have served a notice to quit as well as the s33 notice. I presume you have done so.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thanks,

For an extra few quit could you comment on:

I did give a notice to quit as well as the S33 and AT6. Problem is I see I gave 40 days notice for all three documents. Whereas I now see reading various reports, 2 months min for the s33 is required. Can I simply wait until the 2 months are up before I act in court or do I have to start a new notice with a new 2 months?

SA

Expert:  JGM replied 1 year ago.
The minimum notice for a notice to quit is 40 days but a section 33 notice is 2 months. However you don't need to serve the s33 Notice if you are applying to the court to terminate on the ground of non payment of rent.
If you are just terminating the lease at the expiry date of the tenancy then you would serve both and two months notice would apply.
However, if you are terminating the lease because of non payment you would serve the notice to quit and then the AT6 could give notice of court proceedings thereafter.
So for clarification, the s33 is unnecessary if the tenancy is being terminated on the ground of non payment of rent. However, if you are terminating the tenancy at the ish (natural end) two months notice is required.
JGM and other Scots Law Specialists are ready to help you