Rental Issues/Scotland

Iceman.USAF

Hey all,

My lady is in a tough situation at the moment. She is living in Scotland (Glasgow) and is trying to get out of her current 6 month lease a bit early. Her landlord initially said this was ok, when she asked about it. Unfortunately my lady did not know a specific date and they left it at "I'll tell you when I know." (Background, she is working out some financial issues with her university so isnt leaving until that is cleared up).

That was about a month ago. Cut to now, the landlord has apparently paid a letting agency 600 pounds to find a new tenant (they have), and the landlord is asking her to leave on the 1st. That is not her plan, as she is still trying to talk with the school about other things. Nor did she ever say she was leaving on the 1st. In fact she mentioned that 6 Feb would be the earliest (her lease goes through March).

Also, the landlord has hinted a few times that she may not get any of her 700 pound deposit returned, which is a big deal. Keep in mind, my lady had to pre-pay her entire 6 month lease so there is no loss of revenue for the landlord here.

Now, if this were the states I know of laws in several states which prevent a landlord from collecting on a property twice (IE, if a tenant moves out but pays for a whole month you cannot charge someone else to live there).

Is there anything like this in Scotland? Does she have any resources? She is going to talk with the consumer advice people on Monday so hopefully they will have some advice.

Any thoughts/advice you all have would be greatly appreciated.

EDIT: After re-reading, wanted to clarify some things.

The term of the lease (6 months) is prepaid including a 700 pound deposit.
None of the conversations about her leaving were in writing.
The letting agency basically connects the two people and then hands them a contract. They are only mentioned as the landlord had them find another tenant.

Draco_Auric

I'm kinda unclear as to what your lady is looking to do here. Basically though the landlord can't make her leave before the end of the contract. If the landlord withholds her deposit she'll need to take the landlord to small claims court. There are more details about all this on the shelter website(a housing charity and a good place to go for advice). She should make sure the inventory is all in order and the flat is in as good condition as she got it in, with the pictures to back this up ideally.

I'm not sure if there are laws about collecting on a property twice, but I can ask my lettings agent wife later tonight. If your lady wanted to she could block the landlord from letting out the flat before the end of her contract by getting her locks changed(and changing them back after she leaves).

It also might be worth looking to see if the landlord has all their paperwork in order. If for example they haven't set up the contract properly, or they don't have an up to date gas safety certificate you lady may find she has the landlord over a barrel.

Ponge

If she has paid for the full 6 months already then the flat is hers for 6 months, why did she try to end her contract early?

Regardless the landlord can't just evict her if she has prepaid on her rent without (I'm imagining) a written contract or letter signed by both of them. Tell her to call bullshit on the landlord.

Iceman.USAF

Some answers for questions!

@Ponge
She's leaving because she was there for school, and the school is not providing what they promised in her coursework. I'd give all the details, but its a fairly lengthy story. Suffice it to say, she is getting a refund from the school.

@Draco
She is attempting to leave early, and would like her deposit back. She understands she has prepaid a certain amount, and is fine losing the 500 pounds of so in rent for the month of March but would like the deposit back, which is about 700 pounds. She is also fine with the landlord getting someone else in there earlier, provided she can get the deposit back.

Thank you both for the advice! We'll take a look at the website this evening.

Any other thoughts from the H/A ninjas?

japan

All I have to contribute is that the best people to talk to about this kind of stuff are a charity called Shelter.

They helped out a couple of friends of mine once, and really know their stuff.

Casual

My parents are landlords in Edinburgh and I can tell you what the landlord is doing is illegal on several fronts.

Unless your gf provided him with written notices a month in advance stating her intention to leave on that date then he can't say she agreed to leave, furthermore he can't evict her for no reason and if he could he needs to have her a months notice, their previous discussion about "I'll tell you when I know" does not count in any way as notice.

Their are also strict regulations on what allows a landlord to take a security deposit, my parents have said they don't even bother taking a security deposit now since the law makes it nearly impossible for them to take it. Not to mention the landlord has to pay for insurance to cover the deposit which is usually counter productive to taking one in the first place.

What I recommend your gf do is to get in touch with the CAB (Citizens Advice Bureau), they will give her free help and legal advice to get this guys head out of his ass. Frankly it sounds like he got the wrong end of the stick, spent money on a letting agency and is now trying to pretend he can kick your gf out to save face. He can't.

Draco_Auric

Hey I asked my wife to look this over as promised, and she had a little bit to say:

Hiya, said 'letting agent wife' here. First up, most of the above advice is quite right, I've just a few points you should note. Short Assured Tenancies are created for a minimum period of 6 months to give tenants some security of tenure. Most of the difficulties I encounter occur when tenants want to vacate early/give their notice to quit, and then change their mind for whatever reason because in some cases the landlord will be contractually obliged to let to a new potential tenant. For this reason, all tenant notices to quit must be received signed, in writing so there can be no discrepancy.

However, if she did not instruct the landlord that she was definitely leaving by a set date then she should definitely challenge him on his current actions. A lease can only end (early or otherwise) when one of four things happen; when there is mutual agreement to end the lease by a certain date; when a serious breach has occured and the landlord/tenant has sought reparation through court; frustration (the death of a tenant); or, the conclusion of the contract (it comes to a complete and natural end). It seems none of the above occurred here and she is within her rights to see out her minimum 6 month term (giving notice to end the tenancy then). She legally can change the locks and remain in the property until the end of her lease period. The landlord in turn must give her the right to 'quiet enjoyment' of the property, and if he does not you can pursue him through the Sheriff Court, for breach of contract. The landlord will then be forced to pay damages, indicted into not harassing the tenant, or given a specific implement (being made to fulfil their part of the contract).

Did she not mention, when the landlord/agent was showing the flat for rent, that she was not definitely leaving? I ask this because if the new potential tenant has not physically seen the flat in person, then there can be no contractual binding on the landlord or agent to let to that person (property to let must be viewed in person due to the law of distance selling). As an agent I have to contact landlord's current tenants when arranging access for viewings and would expect a tenant to tell me if there was a problem with a presumed notice or remarketing date.

It may be that this is indeed just a case of a duff landlord. If this landlord is using a let-only service from a letting agency then try approaching the letting agent that introduced you to the landlord or who are re-letting the property, for advice. They have a duty of care to you if they arranged for you to sign your contract. I would highlight any discrepancies to that organisation re the landlord threatening to withhold the deposit etc. It may result in them deciding that the landlord is an 'unfit' person and declining his business, especially if they are ARLA or similarly affiliated. You can report him to the Landlord Registration (Scotland) scheme (which will be audited by whichever Local Authority/Council her home is currently within) as he obviously is not a fit and proper person to be a landlord. Citizens Advice Bureau can give more advice here.

If your contract was produced by an agency then chances are the terms are sound but it also means that there should be a clause in there that allows for early exit by payment of a due fee. Generally speaking the tenant breaking the lease early must pay a penalty to do so and then their liability for rent, council tax and utilities stops the day the new tenant moves in or the natural lease end date, whichever comes first. She would be due a rebate of any rent over-paid to date less the appropriate fee. 600 would be an excessive fee and can be challenged under the Unfair Terms in Consumer Contracts Regulations 1999.

In relation to the deposit, if all is withheld without due reason, then you would have to take the landlord to the small claims court for reimbursement. As long as tenants have given due notice, have kept the property in a tenant-like condition (tidy and reported any defects in a suitable time scale) and hand it back cleaned to a professional standard or in a condition fit to the standard they received it, then they should receive back their deposit. The landlord can not make deductions for any dilapidations within the property that were his duty to maintain, or for 'fair wear and tear'. The best way to ensure success at the small claims court is to have a fully marked up inventory from the beginning of the tenancy and then again for this checked inventory to be amended at the end and accompanied with photos.

Any letting agent or the Citizens' Advice will be able to appraise the solidity of the tenancy agreement for you and give you further advice depending on how this pans out for you. Contrary to popular advice, not all letting agencies and landlords are evil deposit hoggers! My advice is, if you have to rent, do so through a reputable agency, not a private landlord, as they have policies in place, within the law, for all eventualities and they have a duty of care to both their landlord clients and their tenant clients, to act in their best interests and fairly.

Good Luck!

(she is not a fan of crap landlords and is pretty thorough)

Iceman.USAF

Thank you all for the info! She is trying to meet with the Citizens Advice Bureau tomorrow (Monday) morning. Hopefully all goes well. Really she'd just like her deposit back, which I think is pretty reasonable. We'll see though, I will update you all when we know more.