Scotland – Tenant bringing up notice after I failed to sell?

Scotland – Tenant bringing up notice after I failed to sell?

0:09 AM, 30th January 2024, About 10 months ago 17

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Hi, I served notice to my tenant last year and she gave me 28 days notice and vacated. I wanted to sell the property and tried to sell it.

But since then, in last 6 months I didn’t get any offers. So I’m putting the property back on the market for rent.

The rent increase since the last tenancy is 30% because of the mortgage rates, the amount of money spent on a home report, valuation, estate agent fees etc.

Today, a lady from the neighbourhood came to my estate agent and told her that its unfair that a landlord is putting the property back on the market with increased rent.

I don’t know who this lady is but if she is a relative/friend of my previous tenant, what risk do I have if my tenant goes to a First Tier tribunal?

I tried my best to sell for nearly 6 months, I can’t control the market, so I didn’t get an offer – which is why I’m putting it back on market for rent.

Please guide me.

Bob


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Cider Drinker

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12:24 PM, 30th January 2024, About 10 months ago

I really wouldn’t worry.
As I mentioned earlier, it appears that your tenant gave notice to terminate the tenancy.
Also, you have tried to sell the property for 6 months. That is 6 months with no rent and with you paying the bills for the property. It will take a long time to recover the lost rent and additional expenses. It is clear to any reasonable person that you intended to sell and that you tried to sell.
This whole debacle is an unintended consequence of the incompetent, motor home loving Scottish government. Their rent controls have forced landlords to sell up. In this case, all that they have achieved is the loss of availability to the housing market of one property for six months and a lot of stress/expense for both landlord, tenant and potentially, the Local Authority.

Simon F

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13:18 PM, 30th January 2024, About 10 months ago

To be prudent, just make sure you keep records that evidence the fact it was listed for sale... The contract you had with the sales agent, A copy of their brochure for your house, history on Zoopla, anything like that.

anthony altman

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18:19 PM, 30th January 2024, About 10 months ago

Have you obtained the tenants permission to breath in
And the councils written consent to breath out
ALL REPEAT AFTER ME
You are our masters, we are your slaves we will obey without question your every demand we prostrate ourselves before your righteous omnipotence,
we grovel before you and beg only to serve your every whim, we only ask if it doth please you to dine on your excrement for ever and ever amen

Nav K

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10:15 AM, 31st January 2024, About 10 months ago

Reply to the comment left by Morag at 30/01/2024 - 09:58
Yes, I gave them 6 months notice, they vacated after 2 months, then I tried next 6 months to sell at a price as per home report. Even after reducing price, still couldn't get any offers. So put it back on market for rent.

Jessie Jones

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7:58 AM, 3rd February 2024, About 10 months ago

Reply to the comment left by Nav K at 31/01/2024 - 10:15
The only difficulty that you could possibly have would be if the previous tenant took you to court for unlawful eviction on the grounds that you were not really going to sell it; it was a sham to force them out.
Once 'no win, no fee' solicitors start to take an interest in this sort of thing, landlords will have to start paying 'out of court' settlements just to avoid the cost of defending a claim, no matter how right they are. All the previous tenant has to show is that the price you were asking was not realistic for that area, and you have an expensive battle on your hands.
The fact that she gave you 28 days notice after you informed her that you were repossessing will not help your position as this is just another area for solicitors to argue about and charge you money.
It might be less risky financially to reduce the price further and secure a sale.

Jireh Homes

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16:53 PM, 3rd February 2024, About 10 months ago

In Scotland we have the First Tier Tribunal with no lawyer engagement required, and case would get kicked out at Case Management Meeting if it ever got that far.

DPT

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17:24 PM, 5th February 2024, About 10 months ago

Interestingly, I think your former tenant has posted about the incident herself on another forum.

I'm afraid I can't offer any advice on this query as I'm not sufficiently familiar with Scottish housing law.

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