Petition · PE01447 · Session 4
Protection for Landlords
Signatures
0
Comments
2
Considered
2 meetings
What it asks
Calling on the Scottish Parliament to urge the Scottish Government to expedite the legal processes involved in removing tenants who are in breach of their tenancy agreement and to ensure landlords can recover any monies owed as quickly as possible.
What the petitioner did first
I have written to my own MP Russell Brown, several solicitors, legal aid, the Scottish Parliament and to other government agencies. I do not remember exactly which department I contacted, but I received assurances that it was illegal to not pay rent in Scotland. I have also written to the tenants companies informing them that their employees are in a position of responsibility and are dealing with money, even though they are not paying their rent owed to me. One ex-tenant is employed by a charitable organization and the other worked at a popular hamburger restaurant. One solicitor stated that they would only take on a case if the tenants were in employment. Another mentioned that it is extremely difficult, in practice, to get money from tenants. I have no idea when or, indeed, if I will see any of this money. The MP for Dumfries and Galloway was helpful and provided me with some contact details of local solicitors, but, as previously mentioned, it is difficult to find a lawyer willing to take on a case, and other solicitors ask for a fee of in excess of 500 pounds before doing anything. They also suggest that the outcome may not be favourable. As I do not have any money to pay for solicitors, I am at a loss as to what I should do. The ex-tenants were due to appear at the small claims court, but as they didn’t show, I still have to wait for an outcome. In addition, I have to pay court and solicitor fees. I wrote to the court to enquire whether I might be able to sue ex-tenants without the aid of a solicitor and have yet to receive a reply.
Where it was considered
Official Report-
11 Dec 20121 mention
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19 Feb 20131 mention
Signatures by country
18 online signaturesComments
2 comments, oldest first-
Gillian Macdonald 28 Aug 2012The reCaptcha tests written and audio seem not to be working at all. Do you have shares in mobile phone companies?
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Anonymous 10 Sep 2012The Scottish Government has a consultation out at present on the future of the Private Rented Sector. You may find you have more success in putting your comments and experiences in a response to the consultation that the Petition. Also I would note that effective property management, a good lease and swift legal action can ensure you evict tenants more quickly.