Alan Cameron | Partner

Evictions (finally) in Scotland

As you will be aware, following the pandemic, it has been a challenging times for us all but not least Landlords in Scotland. We have witnessed the introduction of legislation that (1) extended the time limits required to be given to tenants to remove them from the property (2) removed previously mandatory reasons to evict and replaced them with discretionary grounds (3) introduced new pre action requirements for interacting with the tenant regarding rent arrears (4) banned evicting tenants from homes even after getting the order from the tribunal.

I am pleased to say that it would appear that matters are starting to improve and tenants are starting to realise that they need to act reasonably in situations failing which they will now be removed from the property as evidenced in our recent case.

Following a long drawn out eviction process we managed to seek an order from the tribunal for removal of a tenant . Unfortunately, we were not able to enforce the order for a considerable number of months which led to the tenant becoming more and more cavalier with their behaviour and of course decided not to pay any further rent as our client couldn’t evict. We therefore returned to the tribunal to get a further order from the tribunal for payment of rent.

Our client has now finally been able to enforce the removal of the tenant and is in the process of enforcing payment of the arrears. We at Jackson Boyd have many years of experience in dealing with landlord/tenant matters and would be happy to advise you on your rights and obligations as both a landlord or tenant.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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