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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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A Scottish tenancy, tenancy is for 3 months from november till

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A Scottish tenancy, tenancy is for 3 months from november till February and has been extended, is not a short assured tenancy as it less than 6 months, tenant has still been given a further 2 months as notice to quit to leave, the tenant wants to go homeless to get a council house, council are saying I have to evict the tenant through court order I believe I have followed the law correctly
Thank you for your question.

The tenant has an assured tenancy. You have a problem with this as the tenancy should have been a short assured tenancy. What you have is an assured tenancy. You can only evict on certain limited grounds. The council clearly want you to take the tenant to court in the hope that the judge won't grant an eviction order so that they don't have to rehouse the tenant.

If your tenant will just leave on the basis that he thought that he had to then the council will have to rehouse him. If he doesn't want to leave then you will have to go the through the eviction procedures.

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