Updating post from Reddit.
Hello, I’ve been a reluctant landlord in Scotland since June 2009, renting out a 1 bedroom flat I previously lived in before meeting my wife. I’d used a fully managed letting service for the entirety of that time and for 95% it’s been plain sailing.
The tenant who has been jailed has been in situ for just over 4 years on a rolling basis and for the last 12 months the council has been paying his rent.
A couple of weeks back, out of the blue I received an email from the letting agency. Through the factor of the property (flat is in a block of 4 with commercial premises below), the letting agent made me aware the tenant has been sent to jail for CA. The door to the flat has been graffitied hence the factor being made aware and then contacting the letting agent. The letting agent has been in touch with the tenants dad who confirmed the details.
Today I’ve had notice from the letting agent saying they can longer manage the property due to the circumstances, which I completely understand. I have a few questions I wondered if anyone could advise on:
Any guidance or information would be very much appreciated.
“Today I’ve had notice from the letting agent saying they can longer manage the property due to the circumstances, which I completely understand. I have a few questions I wondered if anyone could advise on:”
This is poor show from the letting agent. This is the time you need them most for advice. That being said you may be better off without them if they are dumping you as a client so quickly.
Have you contacted the council? Have his belongings been completely removed from the property? I’d be hesitant about adding a notice to the property because it may highlight that it is currently empty.
I wonder if this is a suitable reason to complain to their redress scheme. In Scotland I believe this is housing and property chamber you need to escalate to first tier tribunal. I mean it's worth chasing because an agent can't just wash their hands of a bad tenancy and say you sort it. You have been paying them for a service all these years and they have a contract to deliver.
Thank you. See my response above - I do feel hacked off. I’ll have a look at the agreement when home tomorrow.
Thanks for the reply. I haven’t contacted the council, to be honest I’ve never been in touch with them directly, the agent managed this. The only reason I know the council pay the rent is that there was a period of a couple of months where no rent was paid. The letting agent dealt with the issue at the time and told me they would be paid directly by the council going forward.
I do feel a bit aggrieved by the letting agent’s response. Slight complication is I found out about the initial situation the day before we came on holiday, and they’ve contacted me again today, the day before we fly home. I haven’t had a chance to look at any T&Cs around the agreement but will do so when home.
I suspect your agent doesn’t have the knowledge to deal with this. It sounds like the tenant is gone so really there shouldn’t be a reputational issue for them. Their name is hardly above the door. You could maybe try contacting The Scottish Association of Landlords as this is complex. I’m not sure if you would need to officially “evict” the tenant because you appear to have not had an official communication ending the tenancy. Has your agent even tried to get the keys back via his father?
Yes, apologies, I should have clarified. From what I gather the father has been in communication and is/has handed the keys back. Appears the only issue has been the Dad saying his son ‘has been working away’ until this has unraveled and not been the case.
1. Change locks now – don’t wait. You’ll never get the jailed tenant back.
2. Secure deposit claim – graffiti, lock change, deep clean, rent gap.
3. Council rent pushback – demand written explanation, argue liability to contract end.
4. Graffiti prevention – deterrents > notices. Dummy CCTV + lighting + factor involvement.
5. Sell strategy – If you want best price, hold 6 months empty, fresh coat of paint, no disclosures needed unless asked specifically. If you sell immediately, expect price knock.
Thank you again, really appreciate the advice. I’d hoped to be able to offload the place in my own time, as usual life has other thoughts.
To add to complications - I’m on holiday at the moment, not home until tomorrow, but will get eyes on the place on Sunday.
If you leave the property empty for 6+ months, graffiti stops, tenant is no longer in occupation, and it becomes “historic.” At that point, you can honestly answer that there are no ongoing issues—because there aren’t. You don’t have to volunteer ancient history unless specifically asked.
Thank you, that really helps!
If you want leverage with the council on rent, tell them in writing that if they cut rent abruptly you’ll notify press/local councillor about how landlords are left footing the bill when their tenants are jailed. Councils hate bad press and sometimes “find budget” to smooth cases like this.
Again, thank you very much!
I'm not sure how you can still be a reluctant landlord 16 years in...
I bought about 9 months before the crash in 2008. Flat dropped in value by about 50% and been stuck in negative equity until probably about 18 months ago. As the current tenant had been in for several years and things were ticking over, I’d had no reason to do anything. My intention was always to sell whenever this tenancy came to an end - I just didn’t expect it in these circumstances.
What kind of tenancy is/was in place?
How was the tenancy ended?
My apologies, I should be closer to the details but things have ticked along without me needing to pay too much attention. From what I understand it’s now onto a rolling two months notice period. I responded to their message earlier asking when the tenancy formally ends.
When did the tenancy start? Before or after 1st January 2017?
Around mid 2021. It’s been ticking along nicely since then with minimal issues.
It won’t be on a two-monthly rolling notice then - it’ll be a 28-day notice, because any tenancies after 1st January 2017 are a PRT.
Understood, thank you.
One thing worth checking is the length of the sentence. If it is a joke like a lot of them then the council may be willing to keep paying for the tenant to move back in on release. I know of somebody that was away for 13 months and council kept paying for his flat as it was easier than him having to go through the housing waiting list etc again. This was Scotland though. I know you don’t want the tenant back due to trouble it brings but it may buy you some time to get your options in order. You could evict under section 8 if your agreement has a clause saying it will be the tenants primary residence. They are in prison so it isn’t. Obviously if rent stopped too then that another breach of the lease.