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Scottish Commercial Tenant with no lease, want to evict

Started by rv11, September 12, 2023, 11:25:13 AM

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rv11

Hi

This is a complicated situation. We have a tenant in a commercial property. We have no written lease agreement but did agree a rent value between the two parties to be paid on a monthly basis. The property is not the best condition and there have been water leaks into the property which have been repaired but keep on occurring. We advised the tenant to get the repair done to his standard and use the rent due to the landlord to pay for this which has been ignored. The tenant has resulted in with holding rent until repairs are done. We advised it would be in his best interest to vacate the property which he refuses. He has no interest on getting the leak repaired as it gives him a reason not to pay rent. He has family members in the law business where he is seeking advice and always one step ahead. The reality is, if the leak is fixed and property is water tight, we will then have grounds to collect rent. But in the past he has threatened to countersue for damage goods due to the leaks so he may not pay.

Just thinking out loud here, is there such a law that a landlord can take back a commercial property from a tenant if the landlord wants to use it for there own personal use?

Looking at all the other avenues will cost a lot of money and little chance of success.

Please advise.