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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12180
Experience:  30 years as a practising solicitor.
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When there is no tenancy agreement can a landlord still issue

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When there is no tenancy agreement can a landlord still issue a notice to quit?
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they may not be able to ?
Customer: replied 3 years ago.

Their Housing Benefit entitlement has changed because of a change in their circumstances, this has happened a number of times during the let and because they were friends we accepted the reduced amount as long as we could afford to make up the shortfall. The latest change in payment meant there was no payment for 2 months and then a vastly reduced amount which has left us struggling to pay the mortgage on the property. when I contacted them to explain that we could no longer afford to accept the payments the response was hostile and I am concerned that I have left myself in a difficult position as we never had a formal let. I now think we will have to sell the property and need to know what we have to do make this possible.

I notice you are in Scotland so I will refer this to our Scots law section.
Customer: replied 3 years ago.

How do I rate your answer?

Thank you for your question.
I am a Scots lawyer and will help you with this. It is unfortunate that there is no written agreement as the tenancy will be an assured tenancy as opposed to a short assured tenancy. You are not able to end the tenancy unless the tenant is in default. As there are rent arrears you will have to serve a notice to quit and follow up with court proceedings if necessary.
You can read the following link which will tell you more about the procedure.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12180
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for getting back to me, appreciate not having to wait 'till tomorrow. If my tenant pays the shortfall from now on and tries to clear the arrears I think I might still have to sell the house at some point so should I ask her to sign a tenancy agreement now in order to be able to end it when I need to and will I be able to without having to default on the mortgage? I really don't want that to happen but as the rent even paid in full does not cover the mortgage I might not be able to sustain it without incurring debt in the process. What started as a favour to a friend has left me in a bit of a mess and as she is no longer being very friendly would her refusal to sign an agreement help my case?

You need a short assured tenancy signed and service of an AT5 form which is the document giving notice to the tenant that the tenancy will be a short assured tenancy.
If you have to take steps to end the tenancy, you serve a notice to quit et cetera but you would still have to take the tenant to court and that can take a number of months. Because of that you should always have some kind of "float" in case you have to cover the mortgage yourself for, say, up to 4 months. Unfortunately that is the lot of the landlord.
Court proceedings can be lengthy.
The fact that she has refused to sign an agreement is probably neutral on the basis that she was never given one to sign in the first place.
Customer: replied 3 years ago.

Thanks again, I have a clearer idea of where I stand now. Never set out to be a landlord just tried to help a friend out, lesson learned!