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NUISANCE TENANTS

From: Richard Owen
Category: Category 1
Date: 23 Nov 2001
Time: 10:28:48
Remote Name: 213.48.107.213

Comments

Hi,

I have a property in Edinburgh, Scotland and at the moment let out 2 rooms within the property to separate tenants. There is a couple in one room who are very argumentative, can be very nasty and abusive when speaking to me on the phone and when I visit the flat. The lease is for 6 months and runs out in March 02. They are hoping to stay until September 02. However, when the lease runs out I don't want to renew the contract with them. I understand I need to give them at least 2 months notice to quit. However, what are the regulations in Scotland if they refuse to leave at the end of the lease. I have only taken one and a half months deposit from them and I fear that they will refuse to pay the rent once they receive their notice to quit. I am also concerned that they will refuse to leave at the end of the contract. Does this need to go through the Courts in Scottish law if they refuse to leave? I know this is the case if it is in the middle of a lease, but as the contract runs out in March, if I inform them in January, what are my rights as a Landlord. Obviously, I hope to get the room relet when they leave. If they refuse can I get them evicted quickly or is it a long process through the Court? Can I get compensation for loss of rent either from them as they may refuse to pay and/or loss of rent from any prospective new tenant who may not be able to move in if they are still there and refusing to leave? I am pretty new as a Landlord having only had 2 lets so far and both of these went without any hitches. I also have the added problem that the other tenant is leaving in January and I need to find a new tenant to fill the room. I expect that prospective tenants viewing the flat will be put off from taking the room because of the existing tenants attitudes. I am therefore losing out on 200-250 a month, until I can get rid of these abusive tenants. Last month they also demanded that I can come up to collect the rent after I had sent a letter to them stating that the rent was in arrears. The Missive of Let clearly states that the rent has to be paid by direct transfer or by cheque. This month a cheque arrived however it was again late. They have complained continually about items they require in the flat which we are not prepared to provide i.e a blender for instance. We advised them that they had agreed to the contents of the inventory both before they moved in and afterwards and they had signed the inventory when they arrived. Therefore we do not have to provide extras. They were not happy and it ended up in a heated discussion. We advised them if they want a blender they can get one themselves. They have also complained about the floorboards in the flat which are in perfect working order albeit a little squeky. We are not prepared to fit new floorboards at the moment and sent them a letter explaining our reasons why. Since then things have gotten out of hand and they are extremely arguementative, and nasty. Can anyone advise on how we make sure they leave at the end of the contract in March? We would prefer to get rid of them quicker but understand that this involves a Court order and this can take several months. Any help anyone can provide on the Scottish law regarding this would be greatly appreciated.


Last changed: July 01, 2003

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