I am new to this and just want to say hello evryone

[curupt court system]

Hello everyone hope you can help me

[FlamingParrot]

Re: I am new to this and just want to say hello evryone

Hi and welcome

I'm intrigued by your username, hope to see your new thread soon.... opcorn:

[curupt court system]

hiya

To be honest with you i only came on this site to find out if the forum for the s21 would apply in Scotland as well my names based on my experience in court it looks like the court just dusnt care about anyone i also try and fight for the little man but seam to always lose so if you can please help me to understand if the conversationon this site about s21 applies in sScotland it would be helpful time is of the essence. .

[Kati]

Re: I am new to this and just want to say hello evryone

S21 as in an eviction notice? If so [MENTION=15129]Crazy council[/MENTION] might be able to help :nod:

[nemesis45]

Re: hiya

To be honest with you i only came on this site to find out if the forum for the s21 would apply in Scotland as well my names based on my experience in court it looks like the court just dusnt care about anyone i also try and fight for the little man but seam to always lose so if you can please help me to understand if the conversationon this site about s21 applies in sScotland it would be helpful time is of the essence. .

Notice to Quit letter and a section 33 Notice I think in Scotland.#
nem

[curupt court system]

Re: I am new to this and just want to say hello evryone

Hiya kati the thing is my landlord defulted and iam now appealing to the supreme court my nottice to Quit was done under section 20 (5) of the conveyancing and feudal reform (Scotland ) act 19700and was not a s21 but i dont know if the letter format christianpassy posted in 2012 would still apply to me .

[curupt court system]

Re: I am new to this and just want to say hello evryone

Hiya nemesis45 sorry to just get back to you my notice to Quite was done under section 20 (5) of the conveyancing and feudal reform (Scotland )act 1970

[nemesis45]

Re: I am new to this and just want to say hello evryone

Hiya nemesis45 sorry to just get back to you my notice to Quite was done under section 20 (5) of the conveyancing and feudal reform (Scotland )act 1970

This section seems to relate to the exercise of right over a debtor in default and assignment of those rights.

You say your landlord defaulted in what way did the LL default.

nem

[curupt court system]

sorry for late reply

Sorry nemeis45 just recived your message as had my internet off the landlord defulted by not paying his morgage they also claim that he didn't ask permission to rent the property so whatever tenancy agreement i have dusent stand but i know under contract law it is a contact i also read somewere that you can hold a morgage lender liable for your landlords insolvent traiding but have no idear how that would work as you can perhaps tell i dont know much about the law and am finding it difficult to find a way to win this whole case i dont want to set a president or anything i just want the same rights that English tenants whos landlords are in defult to be inployed in Scotland.

[Kati]

Re: I am new to this and just want to say hello evryone

For reference - http://www.legislation.gov.uk/ukpga/1970/35/section/20

20
Exercise of rights of creditor on default of debtor in complying with a calling-up notice.


(1) Where the debtor in a standard security is in default within the meaning of standard condition 9(1)(a), the creditor may exercise such of his rights under the security as he may consider appropriate, and any such right shall be in addition to and not in derogation from any other remedy arising from the contract to which the security relates or from any right conferred by any enactment or by any rule of law on the creditor in a heritable security.

(2) Where the debtor is in default as aforesaid, the creditor shall have the right to sell the security subjects, or any part thereof, in accordance with the provisions of this Part of this Act.

(2A) Where the standard security is over land or a real right in land used to any extent for residential purposes, the creditor is entitled to exercise the rights specified in standard condition 10(2) and (3) (and mentioned in subsections (1) and (2) above) only—
(a) where the conditions in section 23A of this Act are satisfied, or
(b) with the warrant of the court, granted on an application under section 24 of this Act.

(3) A creditor in a standard security who is in lawful possession of the security subjects may let the security subjects, or any part thereof, for any period not exceeding seven years, or may make application to the court for warrant to let those subjects, or any part thereof, for a period exceeding seven years, and the application shall state the proposed tenant, and the duration and conditions of the proposed lease, and shall be served on the proprietor of the subjects and on any other heritable creditor having interest as such a creditor in the subjects.

(4) The court, on such an application as aforesaid and after such inquiry and such further intimation of the application as it may think fit, may grant the application as submitted, or subject to such variation as it may consider reasonable in all the circumstances of the case, or may refuse the application.

(5) There shall be deemed to be assigned to a creditor who is in lawful possession of the security subjects all rights and obligations of the proprietor relating to—
(a) leases, or any permission or right of occupancy, granted in respect of those subjects or any part thereof, and
(b) the management and maintenance of the subjects and the effecting of any reconstruction, alteration or improvement reasonably required for the purpose of maintaining the market value of the subjects.

[nemesis45]

Re: sorry for late reply

Sorry nemeis45 just recived your message as had my internet off the landlord defulted by not paying his morgage they also claim that he didn't ask permission to rent the property so whatever tenancy agreement i have dusent stand but i know under contract law it is a contact i also read somewere that you can hold a morgage lender liable for your landlords insolvent traiding but have no idear how that would work as you can perhaps tell i dont know much about the law and am finding it difficult to find a way to win this whole case i dont want to set a president or anything i just want the same rights that English tenants whos landlords are in defult to be inployed in Scotland.

Good morning CCS,

Thanks to [MENTION=49370]Kati[/MENTION] for posting the appropriate part of the Act.
I'm not sure if there would be any chance of getting the English law/regulation applied in Scotland, the two legal systems are indeed very different on laws and obligations relating to tenancy agreements, you will probably need to seek advice from suitably qualified solicitor.

Scottish Law is not a strong point for me, but please be assured help will be found for you if at all possible.

nem

[Celestine]

Re: I am new to this and just want to say hello evryone

Have you spoken with Shelter? www.scotland.shelter.org.uk

Their legal helpline is of a very high standard.

[des8]

Re: I am new to this and just want to say hello evryone

In Scotland the The Mortgage Possessions (Protection of Tenants etc) Act 2010 doesn't apply.

I found this:
Most Scottish tenancies are governed under the Housing (Scotland) Act 1998, where Ground 2 provides for the eviction of tenants and the court has no discretion. However, for an eviction on Ground 2 to go ahead, the tenant has to have been notified prior to the commencement of the tenancy that there is a mortgage over the property. The tenancy agreement must also contain a clause stating that the tenancy might be ended by the lender if the landlord defaults in repaying the loan.Where the tenancy has not been authorised by the lender and notice was not given, the lender would have to go to court to apply to have the requirement for notice waived, and if the clause has not been included, the lender has to find another basis on which to terminate the tenancy – more often than not a lengthy process.

[curupt court system]

Regarding Shelter

Yes i did talk to shelter who was conplicit in the abuse as evry time i had a appointment with tham a sheriff officer was at my door to the point a shelter adviser Jenifer love in Glasgow wrongfully informed the landlords morgage company that i abandond the property my loocks were then changed again without notice

[curupt court system]

Re: I am new to this and just want to say hello evryone

Hiya des8 yeh you gessed correct this is exactly what they did but the nottice to inform me at start of tenancy was waved as they didn't know of the tenancy then they claimed when it got to the sheriff principal a whole year later they claimed the lengthy process do you kniw if i can appeal as to the fact i have mentained the property for 2.5 years