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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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I set up a short assured tenancy with my tenant on 10th September

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I set up a short assured tenancy with my tenant on 10th September 2005. I issued him with an notice to quit ( Form F206S) effective on 12th October 2009 due to rent arrears but withdrew this when the arrears were settled. I now need to carry out eviction action against him as he has set the flat on fire, resultiing in thousands of pounds worth of damage. The conclusions of fire forensics etc are that the fire was due to a discarded cigarette and by his own admission and according to witnesses he was very drunk.
My question is whether the paper work to be used for eviction are those relating to a short assured tenancy or whether the previous notice eviction, which was later withdrawn, none-the-less converted the tenancy to an assured tenancy.

The tenant is currently in lodgins as arranged by housing services but they may deem him as intentionally homeless if I evict him. I I have tried to plead his case that, other than his heavy drinking pattern, he is vulnerable due to previous head injury for which he was paid crimninal injuries about 10 years ago. The fire has however brought to a head oon going concerns and is of concern to neighbours in the other flats and to a preschool nursery on the basement level immediately below the damaged flat.

I do not wish to wait till the lease is due for renewal and serve notice in the normal way as the flat will by then be renovated and re-occupied by my tenant, with the result that I will effectively leave him homeless if I terminate his lease at that point.
Thank you for your question.

The earlier procedure in 2009 is irrelevant. You have to go on the basis that you are seeking eviction under a short assured tenancy lease.

You don't have to wait until the natural expiry of the lease. You can serve the notice to quit, AT6 etc now on the ground of the tenant's behaviour and that he is a danger to himself and also to other residents.

This is covered in the Housing (Scotland) Act 1988 and the ground for eviction you rely on are as follows:

"Ground 13

Where there is a breach of the tenancy agreement, other than the obligation to pay rent.

Ground 14

Where there is deterioration in the condition of the house or common parts due to the tenant or a lodger or sub-tenant.

Ground 15

The tenant, or anyone living with him or her, has caused a nuisance or annoyance to neighbours or has been convicted by a court of immoral or illegal use of the premises.

Ground 16

Where there is deterioration in the condition of the furniture owing to ill treatment by the tenant or someone living with him or her."

The court has a discretion whether or not to evict but given your narrative and the number of breaches here, I have no doubt that a sheriff could be persuaded to grant the application.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Thanks so much. Just the response I was needing.

You're welcome.