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Evicting Flatmate

7 replies

supercee · 24/06/2019 04:48

Posting here for traffic.

I have rented a flat privately for about 9 years. Landlord has always been happy for me to let out spare bedroom (so not illegal subletting).

I rented this out to friend of a friend last September and whilst things were great at the beginning, as they always are, in the last few months various issues have slowly arose which has made me realise I need to go back to living alone, along with the fact I have really bad anxiety that I have been trying to get under control with various methods.

Things have REALLY come to ahead this weekend and I have been yelled at, insulted, shouting in my face over the slightest things, he's male. Basically, how can I get him out?!

From looking at the Shelter website (I'm in Scotland) I am technically his landlord and I think I need to give him 30 days but what's to say I can't backdate any letter by a couple of weeks? He had paid no deposit or signed any contract and I know he has alternative accommodation to go to if he wants, he's just determined to be difficult.

I wouldn't see anyone left on the street but I can't live in this toxic environment for another month, it's affecting me and my mental health. I don't know why he just doesn't go at the end of the month when his rent is paid up until.

Can anyone advise? Sad

OP posts:
Aquamarine1029 · 24/06/2019 05:27

This may help.

www.rocketlawyer.co.uk/article/tenant-eviction-in-scotland-faqs.rl

Aquamarine1029 · 24/06/2019 05:53

I would give him a two week notice and hopefully he won't fight you over it.

Likethebattle · 24/06/2019 08:03

You can’t backdate the letter. The date it’s received is the date effective from, however. Tell him has two weeks, he has no lease or contract so he has no rights of tenure.

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Soola · 24/06/2019 08:17

Are you liable for damage if he breaks anything in the flat out of spite?

supercee · 24/06/2019 09:02

Thanks all. I'll give him 2 weeks and see how it goes.

Yes I'm liable but he is in the first year of self employment and his business relies a lot on reputation which I pointed out to him yesterday so hopefully it's all bark and no bite (wrecking anything).

OP posts:
Hmmmbop · 24/06/2019 09:46

He's a lodger if you live in the property too. I've just had a look at shelter Scotland and the rules are very similar to England, which means legally you don't have to give any notice if you feel threatened but the general rule re notice is 1rental period (which is why we collect rent weekly from lodgers). You need a court order if he refuses to move out however if he's abusive the police can and will remove him for breach of the peace.

supercee · 24/06/2019 09:55

Thanks @Hmmmbop that's good to know.

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