Can a letting agent evict a tenant?

There may come a moment when you, as a landlord, could need to reclaim ownership of the home you are renting out. This might be because you want to sell the property, as well as the fact that your tenant has violated the terms of the rental agreement by, for example, falling behind on rent or causing damage.

The Role of a Letting Agent in the Process of Evicting a Tenant

No matter the reason, this question comes up a lot. Can a letting agent evict a tenant?

The simple answer is no, a letting agent can’t evict a tenant. The only person who holds the legal right to end a tenancy is the landlord, and in Scotland, this process must be executed through the First-tier Tribunal (Housing and Property Chamber) in case a tenant does not depart at the end of their notice period.

A letting agent can assist in obtaining the grant of an eviction notice and ensure all relevant clauses are adhered to.  They can:

• Serve all necessary notifications, including the eviction notice, on behalf of the landlord.
• Assist landlords with various legal requirements.
• Handle tenant communications to ensure that the process remains professional and compliant.

This ensures that landlords will remain on the right side of the law, preventing costly mistakes and allegations of unlawful eviction.

End of Tenancy Agreement

Since December 2017, all newly created tenancies in Scotland have been Private Residential Tenancies (PRT). The PRT brought about broad changes in the way tenancies are established and ended. The removal of “no-fault” grounds for eviction provided tenants with greater security of tenure and all residential tenancy disputes must now be heard at a First Tier Tribunal.

Landlords must cite specific grounds to evict tenants. There are a total of 18 permissible ground, with the most common examples being:

• Rent arrears
• Breach of the tenancy agreement
• The landlord wishes to recover possession
• Criminal activity in the property

Notice to Leave

The notice period is determined by the grounds for requesting vacant possession and the length of time the tenant has resided in the property. The typical range is between 28 and 84 days.

Important things to keep in mind regarding the notice to leave:

• The grounds must be stated clearly in the notice.
• Supporting documentation, such as sales records or rent bills, should be presented.
• If the tenant fails to comply with the notice, the landlord must obtain an eviction order from the First-tier Tribunal.

The Tribunal Process

In case the tenant decides not to leave after the notice period:

• The landlord (or the letting agent, if advised) files an application for eviction to the First Tier Tribunal.
• The Tribunal assesses the matter and can issue an eviction order.
• If approved, sheriff officers, not the landlord or letting agent, have the legal authority to implement the eviction.

Why Should a Landlord Work with a Letting Agent?

Even if a letting agent is incapable of physically evicting a tenant, their assistance in the following areas is important:

• Ensuring that the correct notice is sent.
• Gathering and collecting evidence
• Providing landlords with guidance throughout the tribunal process.
• Professionally managing sensitive information.

With our expert management service, Western Lettings provides landlords with peace of mind that every step of the process, including issuing eviction letters, will be done in a compliant and efficient manner.

Responsibilities of the Landlord

Landlords must ensure they are following the law before initiating the eviction process. For example:

• Deposits should be protected through an approved tenancy deposit scheme.
• Safety certificates should be current.
• Smoke, heat, and carbon monoxide alarms should be installed where required

If these requirements are not met, any eviction process could be challenged by the tribunal.

Evicting a Tenant Using a Letting Agent

Although they are unable to evict a tenant directly, a letting agent can handle the whole process on your behalf. For landlords, this eliminates the need to hire a solicitor, ensuring a smooth and professional handling of the situation in accordance with Scottish law.

When it comes to providing landlords with professional guidance and comprehensive management services, Western Lettings takes great pleasure in assisting them with confidence in handling situations such as these.

Get Expert Advice from Western Letting Glasgow

The eviction procedure in Scotland might be hard to understand, but you don’t have to do it alone. At Western Lettings, we provide landlords with clear guidance and comprehensive management services. We ensure that every step is handled in a professional and legal manner. Get in touch with us today!