I have a BTL and the tenant hasn't been great re paying rent recently. I've been refreshing my memory around the eviction process (just in case) however the tenancy agreement wording seems to slightly conflict with Scottish Government wording, unless I'm misinterpreting. Can you have a read of the following (especially bits in bold) and tell me how you'd interpret this.
Tenancy Agreement wording
The tenant is in rent arrears (this ground is mandatory if, for three or more months, the tenant has been continuously in arrears of rent and on the day the tribunal considers the case, the arrears are at least one months rent. This ground is discretionary if the tenant has been in arrears of rent for three or more months, and on the first day of the tribunal, the arrears are less than one months rent ...
(To me the above reads as follows. If the monthly rent is £500 and the arrears after three months are £500 or more, the eviction ground is mandatory.)
Scottish Government wording
3 months' rent arrears - (2 weeks' notice)
If you have three months or more of rent arrears (unpaid rent), your landlord can ask the Tribunal to evict you. If you still have three months of arrears on the day you go to court, the Tribunal automatically has to order to have you evicted, unless you can prove that the debt is due to a delay in your housing benefit being paid.
If you can reduce your rent arrears to less than three months by the time you go to the Tribunal, it does not have to evict you and can decide not to if they think you're trying to clear the debt.
(To me the above reads as follows. If the monthly rent is £500, the tribunal will consider mandatory eviction if the arrears amount equals three full months i.e. £1500 of arrears using my example.)
The tenancy (standard agreement drawn up by a large sales/letting agent) states mandatory eviction will be considered if arrears equal one months rent, the Scottish Government wording suggests arrears must equal three months rent for mandatory eviction. They're stating different criteria, no?
How do you read it?
Tenancy Agreement wording
The tenant is in rent arrears (this ground is mandatory if, for three or more months, the tenant has been continuously in arrears of rent and on the day the tribunal considers the case, the arrears are at least one months rent. This ground is discretionary if the tenant has been in arrears of rent for three or more months, and on the first day of the tribunal, the arrears are less than one months rent ...
(To me the above reads as follows. If the monthly rent is £500 and the arrears after three months are £500 or more, the eviction ground is mandatory.)
Scottish Government wording
3 months' rent arrears - (2 weeks' notice)
If you have three months or more of rent arrears (unpaid rent), your landlord can ask the Tribunal to evict you. If you still have three months of arrears on the day you go to court, the Tribunal automatically has to order to have you evicted, unless you can prove that the debt is due to a delay in your housing benefit being paid.
If you can reduce your rent arrears to less than three months by the time you go to the Tribunal, it does not have to evict you and can decide not to if they think you're trying to clear the debt.
(To me the above reads as follows. If the monthly rent is £500, the tribunal will consider mandatory eviction if the arrears amount equals three full months i.e. £1500 of arrears using my example.)
The tenancy (standard agreement drawn up by a large sales/letting agent) states mandatory eviction will be considered if arrears equal one months rent, the Scottish Government wording suggests arrears must equal three months rent for mandatory eviction. They're stating different criteria, no?
How do you read it?
