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kellyplanet
08-04-2011, 11:21 AM
Hi there

I was wondering if someone could give me some advice. I am beginning the process of evicting my tenant in Glasgow (I live in Newcastle). He has been consistently late or not paying rent, he has damaged fixtures and fittings and basically destroyed the flat.

I have sent him Notice to Quit and AT6 form I sent one copy by Special Delivery and one copy regular first class post with proof of postage.

He has not collected the Special Delivery from the postal office and I am suspicious that he is deliberately avoiding this.

Will I need to pay someone to serve these documents by hand? or will the fact I have sent the documents be enough. If I have to serve these again I will need to amend the date and I want him out ASAP as I have had problems with him since 2006.

Any advice would be greatly appreciated.

westminster
08-04-2011, 13:28 PM
In England/Wales lettings forum, we generally advise sending two copy notices (keeping a further copy for your records), from two separate post offices, obtaining a free certificate of posting from each PO; the reason being that, while a court might believe T alleging he had not received one notice, they wouldn't believe that both notices had been lost in the post.

As you've discovered, using signed-for postal services is unreliable because T may refuse to accept receipt.

You can, alternatively, serve by hand (through the letterbox), taking an independent witness with you.

As I said, this works as evidence of service in England/Wales - perhaps the rules are different in Scotland, but I doubt it.

theartfullodger
08-04-2011, 20:41 PM
Sorry, Scotland is different ... as I understand it.. ...

Sheriff Courts (Scotland) Act 1907, Schedule1, s34.8, NTQ must be served by recorded mail or Sheriff Officer to be valid:

Barking, illogical, daft, but that's the law:

For certainty I suggest you also serve a Section33 notice as well as NTQ & AT6.

http://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/first/part/2/chapter/34/crossheading/removing

I had to use Sherrif's Officers last November after posted notices weren't signed for last November : £70@ish IIRC.

kellyplanet
09-04-2011, 00:30 AM
Sorry, Scotland is different ... as I understand it.. ...

Sheriff Courts (Scotland) Act 1907, Schedule1, s34.8, NTQ must be served by recorded mail or Sheriff Officer to be valid:

Barking, illogical, daft, but that's the law:

For certainty I suggest you also serve a Section33 notice as well as NTQ & AT6.

http://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/first/part/2/chapter/34/crossheading/removing

I had to use Sherrif's Officers last November after posted notices weren't signed for last November : £70@ish IIRC.


Did you amend the date on the notices after they weren't signed for?

I am also under the impression I don't need a Section 33 as it is not a short assured tenancy.

theartfullodger
09-04-2011, 08:25 AM
Yes, I revised the revised, to give at least 2 months notice from the ish, and as that tenancy rolled-on 2-months at a time I had to put everything back another 2 months.

If it ain't a SAT what is it ? - An assured tenancy?? If AT presumably you'll be relying on 3-months payable owing at service time & when you arrive at court, so he can retain possession if he gets amount below 3 months by court date... Other grounds probably discretionary..

Is this a tenancy of residential property with individuals (e.g. not a company ) as tenants??

My Sheriff's officers costs were I think higher than normal as it was Highlands, hopefully Glasgow will be a bit cheaper.

To find Sheriff's Officers see..
http://www.smaso.org/

kellyplanet
10-04-2011, 17:57 PM
Thanks for the reply.

He is now on a statutory assured tenancy as I have already legally served him with AT6 and Notice to Quit in June 2010. I never gave him an AT5 form at the commencement of the tenancy. (How you learn from mistakes!!) The maximum notice I need to give (as far as I am aware) is 2 months as I am evicting on Ground 1, 11,14 & 16.

A statutory assured tenancy begins when the contractual assured tenancy is brought to an end by the landlord serving a notice to quit on the tenant. (It is important to understand that a notice to quit does not necessarily mean that the tenant must leave) If the tenant continues to stay in the house after the contractual assured tenancy has been ended by a valid notice to quit, and if he does not agree to a new contractual tenancy with his landlord, the tenancy automatically becomes a statutory assured tenancy. It is called this because the tenant's right to remain in possession of the house derives from 'statute' (a law made by Parliament) and not from a contract.

theartfullodger
10-04-2011, 20:44 PM
Good luck!

No AT5 eh!! (Been there, but luckily my tenants didn't appreciate the implications... Gosh I'm more careful now..)

In your shoes I'd call SaL and ask that nice Mr Blackwood for advice... (you are a member ??)

kellyplanet
11-04-2011, 09:53 AM
Good luck!

No AT5 eh!! (Been there, but luckily my tenants didn't appreciate the implications... Gosh I'm more careful now..)

In your shoes I'd call SaL and ask that nice Mr Blackwood for advice... (you are a member ??)

No I am not a member I only have one property. It used to be my home.

theartfullodger
11-04-2011, 13:34 PM
Might be worth the £90 a year - entitles you to free education courses, the helpline etc etc..

cocobean
21-07-2011, 21:18 PM
How did you get on with eviction ? It is £90 well spent. Mr Blackwood is brilliant!!!