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Scottish Law Eviction -Only 1 discretionary ground- will sheriff grant decree?


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Hi All

 

Anyone have experience of Scottish Sheriff court eviction proceedings?

Ever heard of Sheriff granting decree to evict when only 1 discretionary ground is cited in AT6?

 

Case history-

 

I served landlord notice to quit halfway through a 12 month short assured tenancy, however I now need hospital treatment so I've had to cancel a trip I had planned and am unable to find new accommodation at short notice. Notice expires in a few weeks. I have always paid rent on time and adhered to all conditions of the tenancy agreement.

 

So only ground landlord can use to evict me is Ground 10 of Schedule 5 of Housing (Scotland) Act 1988, which even if proven, is at the discretion of the Sheriff as to whether it is "reasonable" or not to grant the order.

 

(Ground 10-

(a)the tenant has given a notice to quit which has expired; and

(b)the tenant has remained in possession of the whole or any part of the house; and

©proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and

(d)the tenant is not entitled to possession of the house by virtue of a new tenancy)

 

Landlords' agent has repeatedly stated that reason landlord wants me to leave is because he wants to sell the property.

 

Is the Sheriff likely to find it reasonable to make me homeless just before Xmas 2014 so that the landlord can satisfy their avarice?

 

and

 

Will the Sheriff determine that I have to pay legal fees for eviction because I have stayed passed the quit date without good reason (I would argue that need for medical treatment prevented me from finding new accommodation at short notice)

 

I'm thankful to any CAGgers who take the time to share their expertise on this subject

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http://scotland.shelter.org.uk/get_advice

 

Have a word with Shelter - they have a Scotland section and are more likely to be able to advise on this situation.

 

You can telephone Monday - Friday - 9am - 5pm

 

0808 800 4444

 

Their advice line is free to call from landlines and all six of the main UK mobile networks, Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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