deanmcreynolds26
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Registered: 15th Sep 03
Location: E46 //M3
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Alright,
renting a house the now in Glasgow and found out im getting eveicted with 2months notice as per signed contract from lawyer..
House is rented direct to the landlord and not through an agency. Can i legally leave after 4 weeks as per Scottish tenancy laws or do i need to stick to my agreement with the lawyer/landlord?
Hoping the scottish tenancy law will have the upper hand here!
anyone been chucked out before 
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scottyp1989
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Registered: 29th Jul 07
Location: Warley, West Midlands
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guessing it would be to scotish tenancy laws mate, i only have to give 4 weeks notice for mine anyway
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deanmcreynolds26
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Registered: 15th Sep 03
Location: E46 //M3
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aye hope so mate,
left a £500 deposit on the house, but he is one of them landlords that would try hold every penny back from that for repairs although there is no damage only wear and tear...
Pay rent on the 15th of the month.. think i might cancel my direct debit and move out on the 15th october see how he likes that lol then at least am guarunteed my ££££ lol
[Edited on 31-08-2009 by deanmcreynolds26]
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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Its normally 2 months written notice from the landlord/agent after the first 6 months of the assured short hold tenancy agreement under section 21, but 4 weeks from the tenant to the landlord. Don't know about Scotland but would've thought it'd be similar.
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a_j_mair
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Registered: 23rd Jan 04
Location: Scotland
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if you have been given 2 months notice you should be gratefull
so they give you notice and you are trying to get out of giving them any money just like you say the landlord is doing 
they are trying to make an hoest living like everybody else
get a new place sorted for 2 months time move out with the place in decent condition get your deposit and everyone is happy
dont be a cunt about it!
IMO
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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quote:
Originally posted by a_j_mair
if you have been given 2 months notice you should be gratefull
so they give you notice and you are trying to get out of giving them any money just like you say the landlord is doing
they are trying to make an hoest living like everybody else
get a new place sorted for 2 months time move out with the place in decent condition get your deposit and everyone is happy
dont be a cunt about it!
IMO
Same as! I'm a letting agent, had a couple of people try similar things over the years but we always get them back 
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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tbh, they are causing hassle by wanting him out, so if he finds a place he likes within 4wks why should he pass up on it just to make things better for the person who is kicking him out?
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a_j_mair
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Registered: 23rd Jan 04
Location: Scotland
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he is renting the property on a short term lease it is always likely that he might be asked to leave. Part of renting a property.
If he finds a place he should phone his landlord explain the situation he has found a place and will move out a month early and they would probably be quite happy
no need to try and screw someone over who has effectively given you a roof over your head
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Cosmo
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Registered: 29th Mar 01
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quote:
Originally posted by a_j_mair
no need to try and screw someone over who has effectively given you a roof over your head
Are you joking?
The landlord hasnt opened his door and told him to move in and not pay a penny, he has been paying the going market rate for renting his place and no doubt making the landlord money.
If he can leave before the 2 months (Im not saying do it on purpose) and get that extra months rent back then he should.
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deanmcreynolds26
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Registered: 15th Sep 03
Location: E46 //M3
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quote:
Originally posted by Cosmo
quote:
Originally posted by a_j_mair
no need to try and screw someone over who has effectively given you a roof over your head
Are you joking?
The landlord hasnt opened his door and told him to move in and not pay a penny, he has been paying the going market rate for renting his place and no doubt making the landlord money.
If he can leave before the 2 months (Im not saying do it on purpose) and get that extra months rent back then he should.
Scottish law states as ive know researched a bit that i can give him 1 months notice, although he has given me two,
he is legally obliged to give me the tenant two months notice under scottish law i just want to cut this short to ensure me, my partner and my 18 month old daughter are going to have a roof over our heads!!!
the landlord has told us he wants us out for personal reasons true story is he came round for an inspection told us that the glass doors in the kitchen were all marked ( i cleaned them before he came round with milton spray instead of windolene, he also said that the kick plates in the kitchen were dirty... Are they supposed to be shiny?? lol
So my gf told him in so many words ( as she is a clean freak and everyone always comments on how clean our house is) that if it wasnt clean enough for him to evict us and get a full time cleaner to move in
And straight to the point he gave us an eviction notice
Dont wana do anyone out of money as the landlord clearly has a depoit of ours, he has cut corners with maintenance that i end up carrying out myself cos he was tight,
No landlords safety checks done or that, but as im a gas engineer i checked everything over anyway without anything being signed as technically i cannot do any work in another property but it wasnt a chance i was willing to take as my baby was a few months old when we moved in 
If he wants to get smart with the deposit im sure the HSE would like to know that no gas safety certificates were issued, Not a grass and woulnt like to do that, but i reckon hes gona play dirrty cos he got a bit of cheek from my gf that he couldnt respond to
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AndyKent
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Registered: 3rd Sep 05
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If he'd already prepared the eviction notice he'd obviously made up his mind before he saw you, which would indicate to me that it wasn't that he disliked you as tenants but does genuinely want the property back.
I'm sure if you asked to reduce the notice they would agree. The only reason you've got two months is that its the law, rather than out of the kindness of his heart.
I'm sure you'll get that reduced if you want to be gone.
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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Now that we have more of the facts we can make a fairer comment. The only thing you haven't stated is how long the agreement was for, and how far you are into it.
Legally he should have had an EPC, gas safety check and put your deposit into a government backed scheme (DPS/TDS). As he hasn't you'll have a very strong case should he try to screw you over, but I wouldn't stop paying your rent as it would damage your appeal. You can effectively sue him for breaking the tenancy deposit law and receive upto 2 times your original deposit. He'll be fined at least £200 for not having an EPC, and face a bigger fine for the gas safety check.
So basically I wouldn't worry as the law is more on your side than theirs.
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a_j_mair
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Registered: 23rd Jan 04
Location: Scotland
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Depends when he moved in EPC is only required for new tennets after a certain date not to long ago
would need to check the date
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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quote:
Originally posted by a_j_mair
Depends when he moved in EPC is only required for new tennets after a certain date not to long ago
would need to check the date
01/10/2008
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deanmcreynolds26
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Registered: 15th Sep 03
Location: E46 //M3
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EPC?
Andy - he visited us in july which was 1year 2months into the agreement, and obviously made his mind up then, but as weve not breached any tenancy agreements he could only evict us at the end of the 6months which is november 2nd hence the 2months notice that we got on Monday..
Found a new place already and secured a deposit on it, tried to contact landlord today about leaving earlier than 2nd november as i dont wana be paying for rent at 2 properties and had no reply back from him, might have to get myself a solicitor for this i think, he wants it all to be by his rules and not help us out by the look of things!
[Edited on 02-09-2009 by deanmcreynolds26]
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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You're liable to pay the rent up until the end of your tenancy so he's no obligation to allow you to vacate earlier. However if he does want you out as soon as, then i'm sure he'd come to some mutual arrangement. I'd try to agree any deductions from your deposit as early as possible though and have it in writing if possible.
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AndyKent
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Registered: 3rd Sep 05
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Give him a chance to reply before saying you'll get a solicitor
Less than 24 hours is hardly a fair length of time
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jrsteeve
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Registered: 3rd Apr 02
Location: Manchester
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and to be fair he has to cover his back incase you choose not to leave. Most of our tenancy agreements include a section 21 signed letter agreeing that they'll vacate at the end of the term unless otherwise agreed. He's obviously been a twat in the past but is being fair allowing you 2 months notice.
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