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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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I live in Scotland and I have a problem with a tenan of my

Customer Question

I live in Scotland and I have a problem with a tenan of my flat. She has vacated the property but not informed the council. I am waiting for a decree to evict but that does not happen until 28th May. The flat has been damaged and her 17 year old son is coming and going from the flat. Can I get the locks changed by a locksmith? and if so what do I need to do for a locksmith to carry out the act/
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Did her son live in the flat with her when she was there?
Customer: replied 3 years ago.
Expert:  JGM replied 3 years ago.
Technically the tenant is still in occupation. Because the son is going in and out there is no abandonment of the tenancy. I think you would be running the risk of being in breach of the legislation were you to change the locks. You will have to wait for the conclusion of the action for recovery of the property, I'm afraid.

Happy to discuss further.