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Thanks for your question. I am a solicitor in Scotland. Did you set up a short assured tenancy by serving an AT5 before the contract was signed?
You can give 4 weeks notice on the basis that the tenant, who is a common law tenant, not a short assured tenant, has broken the terms of the tenancy agreement. If the tenant does not leave within that time you will have to go to court to get an order for eviction. The action has to be raised as a summary cause action in the local sheriff court and you can get the forms at www.scotcourts.gov.uk. However, as tenancy issues can be stressful and sometimes a little complex procedurally you may want to get your solicitor to deal with this for you, especially as you are currently abroad. I hope that helps. Please leave a positive rating so that I am credited for my time.
No, the notice should be sent recorded delivery or by sheriff officer. And no, whether you are in the house or not, it is a criminal offence to evict any tenant without a court order.
Yes, I’ve been asked about that page before. The last bit contradicts the main body of the content. The last bit is wrong. As earlier advised to evict without a court order is a criminal offfence under housing legislation and in any event couldn’t be done as if you tried to throw someone or their possessions out physically that would be assault and possibly criminal damage.
No, you can’t. See online Section 38 of the Housing (Scotland) Act 1988.
Please don’t confuse your Google search with my law degree. It is less than helpful. I suspect you are reading English law materials but whatever it is doesn’t relate to the law in Scotland so don’t waste my time or yours with this.