Let’s say you have a couple of ghosts in your house, Mr and Mrs Spooky. They aren’t haunting your property though, you have entered into a Private Residential Tenancy and they are your tenants. A situation has arisen and you need possession of your property. Who you gonna call? Not the Ghostbusters, but the First-tier Tribunal for Scotland (Housing and Property Chamber)!
The most important thing to note is that you can’t simply evict your tenants, even if they are up to nefarious behaviour, such as annoying neighbours with constant groaning, terrifying pets or destroying your property by throwing it around the house.
In the first instance, you need to formally serve what is called a Notice to Leave. It is vitally important that this document is valid. In order for a notice to leave to be valid it must state:-
- The day on which you will be entitled to apply to the First-tier Tribunal for an eviction order, and
- Which ground of eviction you are using
If Mr and Mrs Spooky accept the notice to leave and agree to leave your property the tenancy will come to an end.
If they ignore the notice or refuse to leave you still cannot unilaterally evict them, you must make application to the First-tier Tribunal for Scotland for an eviction order. When making your application, you must include a copy of the:-
- Notice to Leave you formally served on the tenants, and
- Section 11 Notice (a document that must be provided to the local authority notifying them of a possible eviction)
When the tribunal receive your application they will review the above documentation, and will likely assign what is called a Case Management Discussion. This is an initial hearing where the tenant and landlord will be able to advance their respective positions and address any issues the tribunal has raised.
Should the matter proceed to a hearing, both parties will be allowed to present evidence and, if you have complied with the legislation, you will likely receive your eviction order. This will allow you to take possession of your property.
At Jackson Boyd, we have extensive experience in the First-tier Tribunal process. If you are a landlord and are looking for advice on a tenancy (preferably one in which your tenants exist in the physical realm!), please contact us today and we can arrange an initial consultation to discuss your issues.
