Tenant-in-situ refuses to meet with letting agent


Cambridge Wong

New Member
I encounter a difficult situation on my first property purchased in Scotland and hope that anyone in this forum can give me some advice.

My property at Hamilton was completed in early Feb (9 Feb). There is a tenant-in-situ. The tenant is a single family, a working female with a child. And the letting agent (introduced by the sourcing agent) has made an appointment with the tenant on 16 Feb to visit the property before taking up the letting job. However, the tenant didn't show up and couldn't be reached by phone. The letting agent is very upset and refused to take up the job. The sourcing agent later contacted the tenant and the reason given was that the tenant was involved in a traffic accident and thus couldn't show up. However, the letting agent still refused to take up the job as she thinks the tenant can still contact her to cancel the appointment in advance. The sourcing agent then found a different letting agent for me. On 23 Feb, this new letting agent requires both the landlord and tenant to fill in a form (to provide details of both parties) before she will visit the property and then take up the letting job. I have provided the form swiftly. However, the tenant still hasn't submitted the form to the letting agent yet. The sourcing agent tried to contact the tenant and her explanation is that she has to go to the public library to print the form. Knowing this, the letting agent has posted her the form on 27 Feb (that is more than 3 week now). However, we still haven't received the form until now. The sourcing agent has tried to contact the tenant these two days (called and left a message) and said that we will serve notice to her. However, the tenant still can't be reached and didn't return call.

Since this is taking so long, I started to suspect that the tenant is avoiding us intentionally but I don't understand the motives or intention behind. May I know what action I can take including the legal one?

She is living on my property without a rental agreement. Do both parties (tenant and landlord) have a risk in this case? What is your suggestion or advice? Is there a law in Scotland that protects these types of tenant. And how long would it normally take before I can get back the property for re-letting?

Your advice will be greatly appreciated.

I am an overseas property investor based in Hong Kong and I set up a UK Limited company to hold these properties. So the Landlord is the UK Limited Company. The property is situated at Hamilton (20 min. drive east of Glasgow).


I would suspect that you might have difficulty getting the tenant to sign a rental agreement if she has been living their without one up until now. I presume she is up to date with rent payments?

As a landlord you do have right of entry - for you or any party working for you - but I would assume you need to serve notice. In hindsight it would have been better to have a rental agreement in place before you took on the property but everything is easy in hindsight.

Perhaps you now need to look at appointing a solicitor to work for you and get the agreement signed at which point it should be much easier to appoint a letting agent?


The UK government recently strengthened the rights of tenants so you might have a tricky road ahead of you. However, if you want security of income, and possibly sell the property in the future, it is worth getting this sorted now.