Scots Law anyone?
duckymallard
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Briefly, in rented cottage (have been for 16 years). Landladies selling and in February received 2 months notice to vacate.
Not a problem, managed to source another cottage to rent.
Due to ill-health (wife and I in support group) emailed landlady last week asking for a bit more time to move. Expiry date is 30th April - we asked if we could extend until end of May (paying rent of course).
No reply from landlady, but Lawyers letter stating that unless we vacate by 30th April, they initiate court action.
Here's the thing. Form AT6 served on us, states that the earliest date proceedings can be initiated is 1st June.
Emailed lawyer pointing out that as we intend being out by 31st May, starting court proceeding on 1st June, seems a tad redundant.
Been in touch with Shelter and CAB - but just wondered if anyone had any other thoughts.
Not a problem, managed to source another cottage to rent.
Due to ill-health (wife and I in support group) emailed landlady last week asking for a bit more time to move. Expiry date is 30th April - we asked if we could extend until end of May (paying rent of course).
No reply from landlady, but Lawyers letter stating that unless we vacate by 30th April, they initiate court action.
Here's the thing. Form AT6 served on us, states that the earliest date proceedings can be initiated is 1st June.
Emailed lawyer pointing out that as we intend being out by 31st May, starting court proceeding on 1st June, seems a tad redundant.
Been in touch with Shelter and CAB - but just wondered if anyone had any other thoughts.
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Thing is, they know we have another cottage, so (in effect) we'll be paying rent for two places during May.
Just cannot figure out why they decided to go down the lawyer route. We've always got on really well with the owners.
You are more likely to get the full story on the phone. Also best way to come to understanding. So my advice is to get on the phone and don't worry about law for now.
Will wait and see the response from the lawyer. Just seems daft to be considering raising an action in the Sheriff Court, to gain possession of a property you already (by that time) possess.
Cheers anyway.
In short you do have until 31st May to get out, as it i a 3 month notice period that is required here in Scotland.
No court action can be raised until the 3 month period is up and in your case since your AT6 is dated 1st June then no court will entertain any action until then really.
Mind you the AT6 is only a notice of intention not a notice to quit essentially they need to serve a Notice to quit (Section 33) which is required.
I have recently been through all this carry on and in Scotland it is a long process to evict someone from a property, there are a load of legal papers required and in all the entire process can last around 4/5 months unless the tennancy is up for renewal.