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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10103
Experience:  30 years as a practising solicitor.
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I have been the tenant of a house in Scotland last

Customer Question

I have been the tenant of a house in Scotland for the last eight years, never having had a lease. My agreed monthly rent has always been paid on the dot, sometimes six months in advance. There have been no rent increases during that time, but I have spent a considerable sum of money on improvements to the property. What are my rights under Scots law if my landlord requires me to leave?
Submitted: 7 months ago.
Category: Scots Law
Expert:  JGM replied 7 months ago.
Although you don't have a written lease, you have the legal status of an Assured Tenant. That means that the landlord can only evict you on one of the 17 grounds contained in the legislation which you can find here: http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/grounds_for_eviction_-_assured_and_short_assured_tenants. The landlord can't evict you just because the lease has come to an end. Your lease will automatically renew itself, probably for a year at a time of the initial terms of the tenancy was intended to be a year. So your tenure is fairly safe as long as you keep the rent up to date and continue to be a model tenant. You are entitled to a written tenancy agreement. If you ask for one make sure that there is no AT5 document which would convert you to a short assured tenancy which is what you don't want as you can then be evicted at the stated end of the lease. In some ways in your situation you are better without a written lease. As regards ***** ***** you have done to the property, you would not be entitled to credit for this unless there was a separate agreement with the landlord to that effect. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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