Avoiding pitfalls for the residential landlord — Eastmoor LLP v Bulman

One of the potential pitfalls for the private residential landlord seeking to recover possession under the Housing (Scotland) Act 1988 has been highlighted in this new Sheriff Court decision.

A landlord sought to recover possession of property from the tenant on the statutory ground that there were more than three months’ arrears of rent outstanding. The court refused to grant decree for recovery of possession because the tenancy agreement did not meet the statutory requirements to allow termination prior the end of the contractual period of the tenancy.

The tenancy stated that it could be terminated on grounds 8, 11 and 12 (the rent arrears grounds in schedule 5 of the Housing [Scotland] Act 1988) at any time…

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