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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14623
Experience:  30 years as a practising solicitor.
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I am a landlord of a property in Glasgow that yesterday was

Customer Question

I am a landlord of a property in Glasgow that yesterday was opened by my letting agent with the local police as their were suspicions of illegal immigrants in the property . The property is comercial and not residential and the tenancy agreement has been ongoing since Oct 4th . When the police went through the building they arrested one illegal immigrant as well as finding cannibis being grown on the premise.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have compiled and sent an e mail to the estate agents as well as an e mail to my landlords insurance. I contacted the police but oddly enough they said that there was no report as such . My letting agent , in speaking to him , informed me that he would be contacting me on Monday afternoon to update me . I am flying out to work in Middle East for 2 weeks ,in about 5 hrs time , so timing is very limited
Assistant: Have you talked to a lawyer about this?
Customer: No . As i only knew yesterday and i am unsure who will be open today at 0900
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: My main concern is what my position is as a landlord regarding this. Also the implications for the property as there was a 2 year fixed tenacy agreement in place , so loss of 20 mths rent will no doubt be an isssue unless i can get it rented again but that takes time in this business climate
Submitted: 8 months ago.
Category: Scots Law
Expert:  JGM replied 8 months ago.

Thanks for your question. I am a solicitor in Scotland. You have no liability for the illegal immigrant or for the drugs (see the 1970 House of Lords case of Sweet v Parsley). As regards ***** ***** the tenant would still be responsible for the obligations under the lease for the term. Whether those obligations are able to be enforced would be the main issue. I presume the lease is registered for preservation and execution and would be immediately enforceable by sheriff officer if necessary. I hope that helps. Please leave a positive rating so that I am credited for my time.