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John
John, Solicitor
Category: Property Law
Satisfied Customers: 1896
Experience:  10 years legal experience
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We own a property which we let out. Out tenant is in breach

Customer Question

Hi we own a property which we let out. Out tenant is in breach of the agreement. 3 months in arrears with rent and has been keeping a pet. We would like to start eviction proceedings but are unaware what our stance is due to COVID. Now that restrictions are somewhat lifted, would we be able to go ahead and do this? Thanks Suzanne and Stephen Maclennan
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have informed the benefits office and have provided them with a form and paperwork for rent arrears.
JA: Where is the property located?
Customer: Glenrothes, Fife, Scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so
Submitted: 9 days ago.
Category: Property Law
Expert:  Virtual-mod replied 9 days 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!
Customer: replied 8 days ago.
please.
Expert:  John replied 8 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 8 days ago.

Thanks for your message, I appreciate it is important to you. The Scottish Government has passed emergency legislation to protect renters in Scotland during the COVID-19 outbreak. The Coronavirus (Scotland) Act 2020 protects tenants in Scotland from any eviction action for up to 6 months.

In most cases landlords will now need to give tenants 6 months' notice, unless they are ending the tenancy for particular reasons, including antisocial and criminal behaviour by the tenant, or where the landlord or their family need to move into the property where the notice period is 3 months.

The legislation also temporarily makes all grounds for eviction in the private rented sector discretionary, ensuring that the Tribunal will be able to use discretion and take all factors relating to the impact of COVID-19 has had on both the landlord and tenant into account before deciding whether to issue an eviction order or not.

Expert:  John replied 8 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 8 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.