View Full Version : Bad Tennant: where do I stand as a Landlord
I've read loads about the law on the tennant but I can't find out how to treat this particular problem. We have a single mother in our three bedroom house, she's on a short assured tenancy in Scotland, she's had her boyfriend staying without our permission, the police have been called to the house twice, once on a domestic and one re a drugs incident. Now she's got a new boyfriend she met in a rehab centre (the drug incident police case) who has been living with her for two or three weeks now, taxis with other men in them arrive at the door at 1am and such times, I need to get rid, but I don't know how! Can anyone help please. Remember it's Scottish law. Thanks
15-03-2006, 18:16 PM
Perhaps you could clarify - when you say "our house" do you mean she's living in your home under the same roof as you, or are you letting the whole house to her? Big difference.
If it's the latter, I don't see that you can really complain about her having guests to visit or stay.
16-03-2006, 03:17 AM
Totally agree with eric. If she is on an AST, in a seperate property(this is how I read it), then she can have whoever she wants to stay. If, on the off chance, she is in fact staying in the same house as you, then she is a lodger and has no security of tenure.....so kick her out as soon as reasonably possible.
Sorry, I should have clarified this, she is renting the whole house. However it states in the short assured tenancy agreement that, quote "not do or omit to do anything on or at the prooperty which may be or become a nuisance or annoyance to the landlord or owners or occupiers of adjoining or nearby premisis or which may in any way prejidice the insurance of the property or cause an increase in the premium payable therefore" Also stated is "not assign, sublet, charge or part with or share possession or occupation of the property" well she's sharing the property with her boyfriend without our consent can we start proceedings?
16-03-2006, 10:56 AM
she's sharing the property with her boyfriend without our consent can we start proceedings?
As it's Scottish law, not sure how it all works, but in England this is seen as an unfair term. You can't really restrict someone's right to have someone else live with them.
You need to focus on the police incidents and get evidence they are causing problems. However, by the time you get all this together and find people willing to give evidence, the tenancy may be close to expiring so you may as well use procedures to evict when the tenancy ends. You don't say when.
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