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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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We are a charity looking aid. Can you advise

Customer Question

Hello We are a charity looking for legal aid. Can you advise who to contact please? It is about our sitting tenants rights.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
We have been given 3 months notice to leave the building and have been there for 12 years. We are trying to find out what the legal position for sitting tenancy of over 12 years.Please note we do not want these questinos displayed on the web.
Customer: replied 1 year ago.
We do not have a tenancy agreement anymore, however we had a verbal agreement to continue with our lease and were promised at least another 1 1/2 years. Not sure how much that holds. We have been always paid our lease agreement and are not behind on payments etc.
Expert:  JGM replied 1 year ago.
A charity doesn't qualify to apply for legal aid however I will answer your question. I assume you have a lease of a commercial property which has now expired. The position is that you can't rely on a verbal lease. Any contract for either the sale or lease of heritable property in Scotland must be in writing. As you are in occupation the landlord has to give reasonable notice of termination. Reasonable notice would be 40 days under the Sheriff Courts (Scotland) Act 1907. I'm afraid that you don't have the same rights as residential tenants and the landlord would be able to get a court order to remove you from the property. Sorry to be the bearer of bad new. Happy to discuss further. Please leave a positive rating so that I am credited for my time.