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Notice To Quit Under Short Assured Tenancies

Section 33

  • Required in terms of the Housing Scotland Act 1988
  • Required to inform tenant that landlord is bringing the tenancy to an end
  • Requires a minimum of 2 months notice day notice
  • Serving along with Notice to Quit

What Happens When Notices Are Served?

  • Contractual tenancy is replaced by a statutory assured tenancy
  • Tenant retains the right under original contract
  • Repossession cases are heard by the First-Tier Tribunal alongside PRT cases
  • Tenant is not required to remove from the property until the First-Tier Tribunal issue an eviction order

Grounds of Repossession of Assured tenancies

  • Mandatory Grounds [1-8] [1-5] required separate notice to be served other than the lease
  • Discretionary Grounds [9-17] the test of ‘reasonableness’ applies
  • Reasonableness can defined by conduct and frequency and what effect repossession might have on other [i.e children] and will look into how the landlord has encouraged and the tenant to seek advice/support

We can serve a Notice to Quit for £90 [including VAT] Recorded Delivery

We can serve a Notice To Quit for £180 [including VAT] Sheriff Officers

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