How do we get our flat back (Scottish law)?

[Kia369]

Hi Everyone

I've been lurking on Mumsnet for a while but this is my first post - didn't expect my first post to be in legal, but there you go!

DH rents out his old flat in a city over 300 miles away from where we live, meaning it is hard to visit the flat at short notice. He does have family in the area who help out if absolutely necessary.

The flat is in Scotland so Scottish law applies.

The most recent tenant has been in a few months (on a 12 month lease) but has fallen significantly behind with the rent. DH has been trying to renegotiate the rent to keep the tenant in order to avoid having the flat empty for a period. The tenant has been proving increasingly difficult to get hold of.

This week we were contacted by the owner of one of the neighbouring flats in the block, who has informed us (with photos) that a lot of the furniture in the flat (DH's furniture) has been removed and dumped in the shared garden / in the street and has been damaged. There is also apparently an insect infestation (I don't have the details of type or what evidence there is for this)and the neighbour has indicated that the tenant may be engaged in illegal activity(again, no firm details ofn what or what evidence there is for this).

Given this, DH no longer wants to keep the tenant. He has agreed verbally with someone claiming to be the tenant's stepfather that the flat will be vacated at the end of October and that a fixed amount of £1,000 will be paid to partially cover the rent arrears. However, there is nothing in writing and we have little trust in these tenants based on past interaction. Clearly, we need to put this in writing and then make sure it actually happens.

I am going to google to try to find out what our legal position is and how we can get the flat back but I wondered if anyone had any experience of similar situations or any advice on what we could do?

Thanks in advance and apologies for the length of this post!

Not a lawyer but does this help?

It looks like you would have grounds both on on of the mandatory grounds (Ground 8: non payment of rent) and on a number of the discretionary grounds (Grounds 11 to 16)

Thanks Prettybird - I'll go and have a read. Sounds like we should have plenty of grounds to evict - just need to enforce!

You do have grounds,You need a court order to evict.It can be a tricky area of law and I receommend you take legal advice from a solicitor in Scotland.

You need to find out what the possible illegal activities are.

Can you make an appointment to inspect the flat? Start court proceedings immediately.

I would ask an Electrical contractor to go and inspect the Electrics ostensibly to assess whether it needed the latest Circuit breakers.

Secondly, If the Fire Service do no fire safety inspections, I would phone them up and request that they make a Fire Safety visit.

In connection with the suggestion that there may be an insect infestation, phone up the Environmental Health section of the Council and ask them to go and inspect the premises.

If all the furniture is out, and there's some sort of insect infestation, I'm suspecting a cannabis farm. :( I like Lucinda's ideas.

If that were the case there would be a lot of heat radiating from the flat.

Ask the neighbour to go up to the front door and feel how much heat is coming out of the flat.

Ask the Electricity board to go and check their meter. cannabis farms tend to by-pass the electric meter.
You must go to inspect the flat this week or weekend. Absolutely imperative.

You'd smell it before you'd notice the heat; (though helicopters with heat-detection equipment often pick up farms). They may have fans/ventilators running; ask the neighbours about that?

Thanks everyone for your replies, they're very helpful. Hadn't considered a cannabis farm - that's very worrying.

Our current plan is to have the boiler serviced by DH's uncle this week and get him to have a look around at the same time.

DH has however received a text message from the tenant today giving 1 month's notice to quit the flat - technically in breach of the lease agreement but under the circumstances, DH very happy to receive it.

I don't know if it is still appropriate to take further action to ensure the tenant leaves (and based on his previous behaviour, I'm not sure what value this text message has, or if it would stand up legally), therefore will try to speak to a solicitor this week to get a better idea of the legal position.

Had a friend over last night for supper who is a property lawyer (works for a council). Gavce him some of the background: he says the text is not sufficient notice to quit - you need to get it in writing. If you are happy to release him from the rest of the contract, text him back saying so - but say you need it in writing. Otherwsie you could have problems with your next tenant as they don't have a guarantee that you genuinely had a vacant property (ie the previous contract is still "running").

Without the confirmation in writing you still need to continue with formal eviction proceedings - and he says you do have grounds.

Thanks all.

Tenant has now gone...along with all our furniture / inventory. We're speaking to solicitors and gradually getting things back under control.

On the plus side, no cannabis farm!

change the Locks.