LandlordZONE

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Jul, 2014

Tuesday

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  1. #1

    Default Scotland - problems with tenant

    hello,

    I have a problem with my tenant in Scotland. Our agreement lasts to 2017,
    though she hasn't been paying rent, insurance etc. Lately I've decided
    to do something about this situation. Firstly, I've decided to take rent
    deposit and after this I chose charge for payment because rent deposit
    (£3000) didn't cover the full sum (over £5000) for which the tenant is
    liable. Charge for payment was not succesful. Now I'm thinking about
    taking irritancy proceedings however I'm not sure if it's worth all the
    costs I should pay to my solicitor (over £2000), especially that I'm sure
    it's not easy to force my tenant to pay. My solicitor told me about
    the possibility of put place up to auction but this can not be useful as
    she has service shop and again, costs can be higher than valuables.
    Is there any other possibility to sort things out? I would be thankful
    for any sort of advice.
    Obviously I think about end my agreement with this tenant as she is very problematic
    and doesn't seem to have knowledge how to run business.

  2. #2
    Join Date
    Aug 2011
    Location
    Manchester
    Posts
    171

    Default

    I have very little knowlage on how the Scotish enforcement system works, It is completly diffrent from the english system;

    You may find this usful: http://www.dwf.co.uk/insight/legal-u...ayment-of-rent

  3. #3
    Join Date
    Nov 2012
    Posts
    460

    Default

    Yes try listing in Scottish section, I have no idea about most of this stuff. Sorry

  4. #4

    Default

    I had problem with residential tenants who never paid rents for one year. At the end, I did not use a solicitor to go to court but used information from http://www.scotcourts.gov.uk/ then checked how to notify the intention to tenants when to get out, then hired enforcement officer to deliver court document to tenants after advice from court officers who were very informative This site might help you. Although court officers recommended to use solicitors as my claim was around 5,000. Tenants did not come to the court and I won, then they appealed twice more and never turned up so I got my house back. Commercial tenants are probably different but this website might help you to discuss with your solicitors how to move forwards. Good luck.

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