Notice to leave rented property

[Kenny68]

Towards the end of May last year I was given Notice to Leave my rented house (in Scotland) because the owner had put their own property on the market and wanted to move into "my" house.

I was recently speaking to my ex-neighbour who informed me that the new occupier is a friend of the owner and is renting it from them as the original owner never sold their house.

This got me a bit peeved off (to say the least) as I went through a lot of stress trying to put things in order, not to mention the financial cost of moving. I feel as though I've been conned but I'm not sure if I have been.

My question is...Was I wrongly asked to leave. ie Can the owner ask a tenant to leave under the pretence of moving in themselves, only to then rent to another person?

[Double Fault]

Might feel a bit underhand but I doubt they’ve breached any law assuming you’ve been given the correct notice period.

Possibly it was the intention when you got notice but things changed.

PITA indeed but I’d just forget about it and move on.

[davek_964]

It's the owners house. Assuming they didn't break terms of the tenancy then surely they can ask you to leave for any reason - even if it's something bizarre like their cat told them to. I doubt they even need to give you a reason.

[SpeckledJim]

Might be frustrating, but as long as he followed the correct process then he’s entirely with his rights to move you out for any reason or no reason.

[Bennet]

Kenny68 said:

Can the owner ask a tenant to leave under the pretence of moving in themselves, only to then rent to another person?

I expect that the pretence would have been for the sake of avoiding awkwardness rather than as a legal (or whatever) basis for you to move out. I don't think they need to give any reason to end the tenancy if the contract is up.

I sympathise with renters, but both landlords and renters enter into the agreement on the basis that it isn't permanent. Until things change and tenants gain the right to stay for as long as they want, the possibility of being moved on for any or no reason remains part of the deal, sadly.

As a landlord myself, I find it eyebrow raising when our tenant makes it clear now and again through things they say that they feel the house is "theirs". I've no plans to kick them out though, so it's not a problem.

[Bennet]

Oh and FWIW, you can have the last laugh, safe in the knowledge that business arrangements between friends are seldom a good idea. Assuming you've been a model tenant, they'll probably end up wishing they'd kept you in.

[vikingaero]

Maybe the owner had every intention of selling the house, but the friend asked if they could rent it?

[Yellow Lizud]

Kenny68 said:

....... the owner had put their own property on the market and wanted to move into "my" house.

It is not "your" house, it is the landlords house. It is your home - there is a big difference.

[Kenny68]

Double Fault said:

Might feel a bit underhand but I doubt they’ve breached any law assuming you’ve been given the correct notice period.

Possibly it was the intention when you got notice but things changed.

PITA indeed but I’d just forget about it and move on.

Everything was done by the book. Correct notice and methods etc.

I'm just disappointed that they've rented it to someone else. As you say, I'll just have to forget about it and move on.

Thanks for the replies.

[rgf100]

Okay, the above advice is all well meaning, but nobody’s noticed you are in Scotland. The rules are very different here.

On the face of it, this was an illegal eviction and I suspect a case at the First Tier Tribunal would award you compensation.

I’d suggest you get in touch with Shelter or Citizens Advice (or Living Rent?) as they can better check the facts of the case and advise on next steps. It’s possible the landlord did things properly - maybe it was on the market and didn’t sell, so he had a legitimate change of mind.

For the other posters - there are no “no-fault” section 21 type evictions in Scotland. You need to cite a specific reason and “I want to move a friend in” isn’t one. Close family member, yes, but not a pal.

[Double Fault]

rgf100 said:

Okay, the above advice is all well meaning, but nobody’s noticed you are in Scotland. The rules are very different here.

On the face of it, this was an illegal eviction and I suspect a case at the First Tier Tribunal would award you compensation.

I’d suggest you get in touch with Shelter or Citizens Advice (or Living Rent?) as they can better check the facts of the case and advise on next steps. It’s possible the landlord did things properly - maybe it was on the market and didn’t sell, so he had a legitimate change of mind.

For the other posters - there are no “no-fault” section 21 type evictions in Scotland. You need to cite a specific reason and “I want to move a friend in” isn’t one. Close family member, yes, but not a pal.

Blimey…..you’re right. Glad I left Scotland years ago!

OP….looks like you have some recourse, but life’s too short I’d say

[davek_964]

Mental note : Never buy a property to rent in Scotland.....

[gazza285]

vikingaero said:

Maybe the owner had every intention of selling the house, but the friend asked if they could rent it?

Maybe the owner had no offers on the house he had for sale?

[KungFuPanda]

To avoid any further problems like this arising, I’d recommend buying your own house.

[rgf100]

gazza285 said:

vikingaero said:

Maybe the owner had every intention of selling the house, but the friend asked if they could rent it?

Maybe the owner had no offers on the house he had for sale?

Entirely possible. I’d be finding out though, as if it is as it looks - landlord lied about selling to move a friend in - there’s every chance of getting moving expenses and some compensation - I’m not sure exactly what and how though.

Theoretically I think you could even demand to be moved back in, although I doubt they’d order the new tenant out and that’s probably a non-starter.

[rgf100]

davek_964 said:

Mental note : Never buy a property to rent in Scotland.....

Which is part of the point. This and the LBTT rates are designed to make it easier to be a tenant and a little more hassle and expensive to be a landlord.

[craig511]

Careful, as a landlord myself I know this well.

The exact wording for this ground of eviction is ,

"the landlord intends to put it up for sale within three months of the tenant ceasing to occupy it"

Note the word " intends".

He may have intended to, but then changed his mind. All legal and fine.

[SD_1]

davek_964 said:

Mental note : Never buy a property to rent in Scotland.....

Oh it's even worse now thanks to the "temporary" restrictions that our wonderful government have recently extended.

[rgf100]

craig511 said:

Careful, as a landlord myself I know this well.

The exact wording for this ground of eviction is ,

"the landlord intends to put it up for sale within three months of the tenant ceasing to occupy it"

Note the word " intends".

He may have intended to, but then changed his mind. All legal and fine.

He might have. But if the landlord can’t evidence this somehow, what conclusion is the tribunal (?) going to reach? If he can’t show that at any point he did ANYTHING someone planning to sell their house does?

Not claiming it’s a shoo-in, just worth a look by the OP.

Edited by rgf100 on Wednesday 15th February 21:34

[sunnyb13]

Just buy a house instead of paying rent