View Full Version : Scotland- can tenant leave without giving notice?

25-08-2008, 07:18 AM
I came back from holiday to find a notice left from the postman on the 19th july 2008 trying to deliver a recorded package.

This had already been sent back to sender. A few days later i got a voicemail telling me that they had left the property on the 11th july (no notice) no forwarding address. I eventually got the keys and went up to view the property in Stirling Scotland on sunday 17th august (i live in England).

The property was in very poor state and most of the contents had been taken, as this was a semi furnished flat this is theft, i have given a statement to the local police.

Heres the rub though and this is where you laugh ! the tenancy agrrement (6 months) had lapsed end of June. Am i right in thinking that the origonal tenancy agreement is still valid and that they are required to give the landlord 2 months notice? I was told by stirling council who pay part of their rent that they did not need a rental agreement anymore because of the length of time they have resided their?

Finally I have no deposit from them. We had known them and their family and trusted them mugs that we are. We tried to give them a start in life and this is how they have repaid us (it hurts). Can we legally try and recover 2 months rent as they did not give us any notice before they moved out ? we are now faced with 2 mortgages until we can sell the flat.

Appreciate any comments/views

25-08-2008, 09:01 AM
I eventually got the keys and went up to view the property in Stirling Scotland on sunday 17th august...which means that Scottish law applies - this differs from English/Welsh and this forum only realy deals with England/Wales - so treat any advice you may receive here with caution!

09-09-2008, 12:44 PM
I live in England but have a house in Scotland and realised the law is different up there.

You can see Scotland housing act (assured and Short assured are different if automatically expires if no notice given) Pls check www.scottishlaw.org.uk and Housing Act from 1987 onwards.

Some Citizen Advise Bureau in Scotland has helpline thru email to give you advice if the case is straightforward.

Good luck. Dora