Andy Murray, the Wimbledon, US Open and Olympic tennis champion, has made the news this week after it was revealed tenants living next to his hotel grounds are being ‘evicted’ to make way for hotel staff.
Mr Murray purchased Cromlix House Hotel close to his home town of Dunblane in January 2013 and requires the neighbouring properties to provide living quarters for his hotel staff.
Notice to Quit has been served on the tenants by Henry and Edward Eden, the owners of the four cottages near the five-star Cromlix House Hotel, and who were also the previous owners of the hotel. The tenants now have two months to find alternative accommodation.
The decision to serve notice on the tenants has courted unwanted headlines for the owners and Mr Murray as a number of the tenants are families with young children.
The law in Scotland has its own rules and regulations in relation to possession and this blog does not seek to pass comment on that. However, the law within England and Wales regarding possession of properties for tenants with assured shorthold tenancies is fairly straightforward. Generally speaking, provided that the notice is in writing, gives at least two months notice and is received by the tenant, there is usually no defence available to the tenant. However, if a tenancy deposit has been paid to a landlord and such a deposit has not been protected within a tenancy deposit scheme at the time the notice is served then the tenant may have a defence.
I would advise any tenant who has received a notice from their landlord to seek specialist legal advice.
By Mark Pimblett, litigation executive in the housing law team
Our nationally recognised team of housing law solicitors deals with all aspects of housing law and related disputes. For advice contact us on 0333 344 4772.