Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Advice on tenant in breach of contract in Scotland

(1 Post)
WilliamSonoma Wed 22-Jun-11 14:19:48

Hi all

My friend is in a right mess.

She owns a restaurant and the two flats above it. In one flat there is a lady who moved in roughly 9 months ago (not too sure on timings). Anyway AFAIK she was quite charming when she moved in alone, but then about a month later her 7 year old son suddenly started living with her (not a problem, but friend found it a bit odd). It was stated in the tenancy agreement which had been drawn up by a lawyer that there were no pets to be allowed in the property, however a few months down the line she bought a dog. My friend explained to her that she was not allowed a dog in the property, but she said that she hadn't realised that and that she can't send him back now. So my friend tried to give her notice under the agreement terms, however because she has her son living with her now, they are unable to "evict" her. She has since bought another dog and she allows them to do their business outside the restaurant. Yesterday she had a function on and there was a great big turd outside, so she asked one of her employees to poop scoop it into a bag and leave it at the bottom of the outdoor stairs to the flat.

Anyway, the tenant took huge offence to this and stormed round with the bag of poo and started to hit my friend with it before punching her in the side of the head. In an attempt at self defence, my friend elbowed her out of the way.

To cut a long story short, my friend has now been charged with assault. (I think the tenant has been as well but I'm not 100% clear on all the details).

Anyway I'm really just posting to see if anyone has any ideas on how to deal with this situation and if there is any way of evicting the tenant. From what I have heard she has tried, but due to the lady's (I use the term loosely) little boy living there she is coming up against a brick wall.


Join the discussion

Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.

Register now »

Already registered? Log in with: