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  • private tenant

    hi i recently moved into rented accomodation 3 months ago the reason we took the property was the fact that it came with outbuildings,sheds and a large garden for growing our own vegetables but just over two weeks ago my landlord came over to tell me that because he owned the property he didnt think that we had the right to know that he was planning to take our garden away from us so that he could build two houses on it but unforfunately for him the local planning office told him that we had a right to refuse him permission to build on the land as we were tenants.we were then told by him that if we do not let im have the land he will evict us so now we dont know where we stand.also the lease we got is an assured one as the landlord forgot to give us an at5 form for short assured leases the thing is we dont want tobe left with a garden that is barely big enough to hang out your washing when the one we have now is 150 feet long we live in scotland and would like to know if our landlord has any rights to take the land and if he has any rights to evict us if we have'nt done anything wrong


    baz :banghead:

  • #2
    Hi Baz and welcome to the forum

    Sorry to hear about your problem I don't really know anything that might help but I'm sure other members will be along shortly who may have a lot more knowledge than I do. Just wanted to offer my sympathy and support

    "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi


    • #3
      HI Baz and welcome

      I would suggest that you take your tenancy agreement along to an independent Housing Aid Centre / Citizens Advice Bureau or a Housing Solicitor to get this checked out.

      You should be able to find one at Just Ask! Type in a search for housing specialists.

      If you do have an assured tenancy, then your landlord would have to serve a notice on you detailing which grounds he was seeking possession under. I tink that you need to be very clear what type of security you have in this property, as if it's a shorthold tenancy, your landlord doesn't have to have any grounds to seek possession once the fixed term has expired. There are specific notice periods/ procedures thought for assured shorthold tenancies.

      Please do seek advice on this one and let us know how you get on.


      • #4
        Hi Baz and welcome to the forum,

        It sounds quite cheeky of your landlord to have done this when you have only been in the property for three months. He must have known about his plans when he signed you up.

        The best advice I can really give is to get this checked over with a solicitor as soon as possible as they will be able to advise you of your rights. Your landlord does not have the right to evict you without going through correct process and it sounds very much as if he is trying to throw his weight around.

        Good luck with this, and please let us know how you get on

        Blue Cow


        • #5
          hi all i can say is thanks very much to all you people that have replied i have taken your advice and spoke to the c.a.b. they seem to think that because it is his land there is'nt a lot i can really do about it they say if they want to take the land back they can but as the lady said she was'nt a specialist in that department and said to seek proper advice.i have an appointment with a solicitor on friday to get it sorted out once and for all i will keep you all posted on the out come and once again hanks for the welcome and advice

          baz :banghead:


          • #6
            Hi Baz, and a belated welcome to the forum

            Sorry to hear you are having these difficulties with your landlord. Do have the appointment with your solicitor; it's also worth bearing in mind that Shelter also have an arm in Scotland, and may be also a source of advice around the legal aspects of housing should you need it.


            Good luck with this,



            • #7
              Good news about the Solicitors appointment

              Keep us posted with how you get on.


              • #8
                Hi Baz,

                Belated Welcome from me .

                I am quite surprised that the CAB said that to you, when Planning has already told you that your landlord can't do what he's trying to do without your consent...Doesn't sound right to me.

                The solicitor is the best step. There are all sorts of tenancies still in force in Scotland and depending on when you took your assured tenancy, you will have different a legal status. After a certain date (in the 80's or early 90's I think :errrm, a diferent kind of assured tenancy was used for example, so it really needs to be looked at by a competent solicitor for you .

                If you had no tenancy, these days the law assumes that you have an 'assured shorthold tenancy' which is valid for 6 months initially and at the end the landlord can end the tenancy with no reason because the contract simply expires.

                Having said that and just to cloud things even further, the law has just changed again to allow a 'Scottish Secure Tenancy' or a 'Short Assured Scottish Tenancy', supposedly to make things simpler. This could affect you if these are now overriding your existing tenancy agreement...

                Please let us know how you get on on Friday :thumbs:



                • #9
                  hi again and merry xmas to u all.i have since spoken with my solicitor regarding the land he says that according to law when you rent a property you also inherit the right to get the garden and any out buildings along with it he also sent out a letter stating this fact but he says there is a down side to this as the landlord can be sneaky and dig out some loop holes so that he can reclaim the garden back so we will have to wait and see what happens

                  thanks again to you all :hihi:


                  • #10
                    Hi Baz,

                    Thanks for the update, and sorry it was a bit of a mixed reaction. Continued good luck with this, and let us know how things progress.

                    Blue Cow