5 Common Reasons Why Tenants Might Need to Be Evicted

A position no landlord wants to be in is to be forced to evict their tenants. It can be difficult when a tenant isn’t making rent payments or has destroyed the property they have rented.

Read on for some common reasons why landlords might be pressured into evicting their tenants.

Poor Conditions and Damage

If a tenant has mistreated the property they are living in, these are fair grounds for eviction in Scotland. While landlords have a responsibility to ensure the property their tenant resides in is habitable, their tenant also has a responsibility to treat the property as their own. If there is serious damage to the property, such as active destruction of walls and furniture without the landlord’s knowledge and approval, this is considered damage.

Breach of Contract

Before any tenancy can begin, a legally binding contract known as a tenancy agreement must be signed. This is a document that should detail the condition under which a tenant may stay in the property, and should any of these conditions be breached a landlord has the right to evict. Breaches of contract can include having pets when specifically written not to.

Rent Arrears

A landlord is well within their rights to evict a tenant should the rent the tenant has agreed to pay have not been received by the landlord. If the tenant is in three months of rent arrears, and a court has ordered an eviction, the tenant must now leave. If the tenant pays back some of their missing rent, and the court believes the tenant will pay the rest, they might not be required to leave.

Repeated Late Payments

Similar to being in rent arrears, a tenant might be evicted on the grounds of paying rent late consistently. They may not necessarily owe any money, however they are not making payments by the agreed due date. The tenant may then be sent to the Tribunal, who will decide if the tenant should be evicted.

Tenant’s Notice Served

In some cases, the tenant makes their decision to stop renting the property and serves their landlord their notice, but then changes their mind. If their landlord has received their notice to leave, they are reasonably allowed to ask the tenant to leave the property.

What We Do

At DJP Solicitors, we know how difficult it can be to evict tenants from a property should they resist leaving. To make the process more simple for you and to help you get the justice you deserve, our team are experts in landlord and tenant disputes. Besides acting as dispute solicitors, we have a range of services we can provide to help you.

Learn more about our legal services and our team on our website, or feel free to get in touch.