Housing & Eviction

Housing & Eviction Problems We Help With

Our experienced solicitors provide high quality advice on a wide variety of housing issues. These have included primarily problems relating to homelessness, rent, mortgages and anti-social behaviour. However, housing disrepair is a substantial problem for many people in private housing and we also advise a significant number of clients in this area.

Homelessness

We are particularly active in addressing problems of homelessness and have adopted a wide range of strategies in doing this. The number of cases of rent arrears we are dealing with has increased substantially.

The legislation governing homelessness changed at the end of 2012. In general, if you are assessed as being unintentionally homeless, through no fault of your own, you have the right to settled accommodation. We have helped clients with Judicial Reviews in this very complicated area of Homelessness.

Helping with Rent Arrears in a Private Tenancy

On 1 December 2017, the jurisdiction of the First-tier Tribunal for Scotland (Housing and Property Chamber) expanded further, with new legislation introducing applications in respect of Private Sector Rented Cases and Private Residential Tenancies.

Civil cases relating to the private rented sector will no longer be dealt with as a Summary Cause Action raised within the Sheriff Court. These cases have been transferred to the First-tier Tribunal for Scotland (Housing and Property Chamber). Landlords will be able to apply to the Tribunal for eviction and repossession orders where they consider that they have ground(s) for eviction. Former tenants will be able to apply to the Tribunal if they consider that their tenancy has been terminated unlawfully. Any actions presented to the courts prior to 1 December 2017 will continue before the Sheriff until conclusion.

The Private Housing (Tenancies) (Scotland) Act 2016 creates a new Private Residential Tenancy for the private rented sector in Scotland. Applications may be made to the Tribunal by tenants and landlords where the terms of the new Private Residential Tenancy are not being met, or where there is disagreement with the rent that has been set for the property by the Rent Officer.

We can help you if you require a representation at the tribunal including rent assessments, drawing up of terms, evictions and other non-criminal matters arising from the new Private Residential Tenancy.