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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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hiya, im staying with a flatmate that i gave a room to(sublet).

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hiya, i'm staying with a flatmate that i gave a room to(sublet). This agreement was verbal and he is not on the original lease agreement. unfortunately I am not getting on with him and vice-versa. so i've kindly asked him to leave giving him a full months notice(which is also what i told him i require should he want to leave at anytime) but He is adamant. I intend to throw his stuff out and call the police if he tries to gain entry to the flat. please what do you suggest, i just want him out. never going to stay with anyone again! Thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

Your flatmate has the status of a common law tenant.

You have to give four weeks notice to quit. If he refuses to leave after the notice has run out you don't have to go to court and ask the sheriff for an order for eviction. That is because you share the premises with the sub tenant. No court order is needed.

See the following link which you might find helpful, particularly the last paragraph on the page:

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_common_law_tenants

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Many thanks for your reply. I have had a look at the link you provided, and wish to state the following:


1) I'm not the owner of the flat (My understanding of Landlord), I'm the sole tenant on the lease agreement.


2) I sub-letted the room to the flatmate last year (dec) and there was no written agreement. He pays half the bills and I also informed him that he can give me a months notice whenever he wants to leave. last month i gave him a verbal notice(can be corroborated) and informed him i wanted some space (effectively giving him 4 weeks notice)


3) it appears to me he doesnt want to leave and i dont want him anymore.


 


Therefore i intend to throw his stuff out at the end of the month and call the police if he tries to gain entry.


 


With the picture made clearer, what do you suggest i do?


Looking forward to your reply.


 


 


 

Expert:  JGM replied 1 year ago.
1. Rightly or wrongly you are his landlord. A tenant who sublets is called a mid landlord.

2. Four weeks notice is correct.

3. As I said you don't need a court order and you can remove his stuff after the notice expires.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7898
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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JGM
JGM
Solicitor
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28 years as a practising solicitor.