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Tenant In A Rental Property Refusing To Pay Rent, Can I Sue For Back Rent?

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eastern | 11:20 Sun 08th Sep 2013 | Civil
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Firstly I am in Scotland, I rent some flats and have recently had problems with a Polish tenant who is refusing to pay his rent as he says he has financial problems. He has never complained about the property and I know there is nothing wrong with the flat. I know where he works and have spoken to his employer who can't understand why he is not paying as he has a good wage. I think he is going to do a runner back to Poland and leave all his debts. What if anything can I do? He has a 6 month S/Assured tenancy which is now on a months rolling basis, he has been served with a notice to quit but that isn't till end of October. Can I sue him now for his back rent? Can I do a wage arrestment against him if successful, his employer is fully in agreement with this.
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I am going through the same process of evicting a tenant. I have been told that the rent that I am owed will have to be recovered through the small claims court. I have also been advised that I will probably not get a lump sum but an amount each week. This is in Cornwall.
Housing law in Scotland is quite similar to that in England and Wales, you are probably relying on the Housing (Scotland) act 1988 and have a mandatory ground for possession, you need give 28 days’ notice to quit, but I understand your concern over your tenant leaving the country, you do not say the amount of rent owed. I would suggest you contact a local Solicitor with experience of housing law and discuss with him what your next action should be

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