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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16864
Experience:  30 years as a practising solicitor.
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I rented my property in 2016 on the understanding that my

Customer Question

I rented my property in 2016 on the understanding that my tenant was going to purchase it within a couple of years. This has never happened and due to financial difficulties due to covid and being furloughed for 5 months I need the property back. She has declared herself homeless and tells me I need some sort of legal document for her to give to Glasgow City Council. I have no idea what this form is, can you help please.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have given her notice in writing and landlord registration told me I could get a form online but any forms I have sent her she said shelter / CAB said they won’t do and she is now getting a bit nasty.
JA: Have you talked to a lawyer about this?
Customer: no, would that be my next step ?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think there is anything else you would need to know
Submitted: 16 days ago.
Category: Scots Law
Expert:  JGM replied 15 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 15 days ago.

Assuming this is a short assured tenancy which most were at that time you need to serve a notice to quit along with an AT6 form, the current version being the one here: https://www.gov.scot/publications/form-at6/

A notice to quit is written notice that a landlord wants to end your tenancy and wants the tenant to move out of the home.

A notice to quit is only valid if it:

is in writing

tells you how long the notice is. If you want the house back to sell it the notice is currently 6 months under coronavirus rules

ties in with the 'ish date' (the date the tenancy agreement ends which will be an anniversary date of the start of the lease, usually 6 months or a year depending on what the initial length of the lease was)

makes it clear that even when the notice runs out the landlord still has to get an order from the Tribunal before the tenant has to leave

tells the tenant that s/he can get independent advice, and tells him or her where they can get it

Expert:  JGM replied 15 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.