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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 4093
Experience:  LL.B (Hons)
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I own a property in Scotland, which, until recently, I

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I own a property in Scotland, which, until recently, I rented out. In addition to my Scottish property, I also own a property in England, which I am currently selling. Selling my English property will make me homeless, which is why I asked the Scottish letting agency to evict my tenant. The letting agency made me swear an affidavit, affirming that I intend to move back to my Scottish property, and the letting agency told me I have to stay in my Scottish property for at least three months in order for the eviction to be valid.
This was my original intention. However, now, circumstances have changed in such a way that I will (most likely) no longer be at my Scottish property for three months. This is partly because I intend to go on a long holiday, during which (while my belongings will be at the property), I will physically be out of the property.
Therefore, the original intention can no longer be kept.
What shall I do? Shall I cancel my long holiday, and instead, force myself to stay at my Scottish property for three months? What is the legal position? Is it a criminal offense? Also, how long does the tenant have to report this, if he finds out that I will be in the property for less than 3 months?
Many thanks and kind regards.
Customer: replied 14 days ago.
it seems like only half of my question was uploaded, so let me continue here): My original intention was indeed to stay at my Scottish property for at least three months. However, circumstances have changed, and now I will most likely be at my Scottish property for less than the planned three months. This is partly because I am planning a longer holiday, which means that while my belongings will be in the property, I will physically be away from my Scottish property.
Therefore, the original intention on the affidavit is no longer valid. My question is: What should I do to stay on right side of the law? For example, should I cancel my holiday and force myself to stay in my Scottish property for three months? Should I offer my old tenant back? How long would he have to complain about me if he wanted to complain about the fact that I will be staying at my Scottish property for less than three months? Many thanks.

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Thank you for the question.  How you deal with it is really up to you.  However, from a legal perspective, in Scotland there are only special circumstances where you can evict a tenant, one of them being if the landlord requires the home to be their principal and only abode.  As this would not be the case, the tenant could potentially take you to a tribunal for losses as the eviction reason would not be deemed valid.  You can however avoid this if you can come to an arrangement with the tenant and get that in writing.  However, if you evict them and the eviction is not lawful, you will be leaving yourself vulnerable to legal proceedings.  That is where the law sits, what action you wish to take is entirely your own choice.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

RJM Law and 3 other Scots Law Specialists are ready to help you
Customer: replied 14 days ago.
Dear Solicitor, many thanks for your reply. You mentioned that the landlord can only evict someone in Scotland if the landlord wishes to make this property into their principal abode. This will indeed be the case for me. But may I ask for HOW LONG the landlord must make this flat their principal abode, and are they allowed to go on a summer holiday during this time? (I have no other permanent home. I plan to visit Austria in the summer.) I just need to know for how long my Scottish property needs to be my principal home and whether I am required to physically be there the whole time, or can part of the time, be spent on holiday? Many thanks and kind regards again.
You have to live there as your principal abode for at least three months for this to be a lawful eviction.
There are other grounds for eviction which can make it lawful, however you need to be honest about these.  If you cannot find lawful grounds the best idea is come to an agreement with the tenant.
Customer: replied 14 days ago.
Thank you. I am so sorry, I hope this will be my last follow-up question: My grounds for eviction are sincere. I really need a home, but I plan to go on summer holiday for 8 weeks out of the 12 weeks. Is this too long? How long is the maximum I am allowed to be out of the property during those 3 months? Thank you so much.

You could provide an affidavit to state that you intend to live there on a permanent basis, a "holiday" should not affect this, however as the holiday would cut into the initial time period, it would really be a question for case law or a tribunal at this point.