Scots Law anyone?

duckymallardduckymallard Posts: 13,936
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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.

Comments

  • [Deleted User][Deleted User] Posts: 307
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    Maybe they think you are playing for time and don't intend to move out on 31st May, in which case they would be ready to go to court on 1 June.
  • duckymallardduckymallard Posts: 13,936
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    Cathye143 wrote: »
    Maybe they think you are playing for time and don't intend to move out on 31st May, in which case they would be ready to go to court on 1 June.

    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.
  • davidmcndavidmcn Posts: 12,086
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    I expect they're just worried that if things drag on (with their implied consent) they'll have to start again with the two months notice - safer for them to be robust - they probably know fine well that there's no point going to court if you're handing back the keys by the end of May.
  • [Deleted User][Deleted User] Posts: 1,704
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    They will likely be under pressure from their buyer though to ensure the property is sold with vacant possession at completion, so it would have go go through their solicitor for that purpose. They would also want to complete ASAP, as (I would assume) people selling properties tend to want. We are in the process of selling/buying at the moment, and we had to confirm vacant possession plus list names of all current residents.
  • hustedhusted Posts: 5,287
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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.
  • duckymallardduckymallard Posts: 13,936
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    Thanks for the replies folks.

    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.
  • fainéantfainéant Posts: 2,654
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    If the property has been sold with vacant possess from 1st May then you staying on for a further month could be a tad difficult for the seller and the new owner. Talking over the telephone sounds like a good idea as they are unlikely to put anything in writing that may weaken their own position. Hopefully by talking you can come to a mutual understanding before putting anything binding in writing.
  • [Deleted User][Deleted User] Posts: 2,140
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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.

    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.
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