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Jul, 2014

Tuesday

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  1. #1

    Default moving out date - landlord issue

    My lease clearly states it runs til 2nd October but my landlord is putting pressure on me to be out on the 1st. She lives in England and says she wont have anyone to inspect the property on the 2nd and therefore needs to be the 1st. Surely this is not my problem?

    She said i can post keys to her and that when she manages to get someone to inspect the property, she will send me my deposit. This is definately not an option for me as i will not be able to prove the flat was left in the same state i left it etc

    She said there is no alternaltive and that i must be out no later than 2pm on the 1st. Please help as i dont know where i stand.

  2. #2
    Join Date
    Mar 2009
    Posts
    8,394

    Default

    Sigh! Dunno which planet she is coming from...

    Two main areas...

    A)
    My lease clearly states it runs til 2nd October
    Do you mean the original, Short Assured Tenancy (SAT) [check wording of lease/tenancy) says it runs "to 2nd October.." (or similar)?? If so 2nd Oct is when that part of the tenancy ends, but you don't have to leave then...see
    http://scotland.shelter.org.uk/getad...ed_tenancies#3
    &
    http://scotland.shelter.org.uk/getad...ssured_tenants
    &
    About the eviction process

    If your landlord wants you to leave when your fixed period comes to an end they must:

    * give you a notice to quit, and
    * give you at least two months' notice in writing that they want the property back (this is known as a section 33 notice).


    If you have not left by the end of the fixed period:

    * your landlord will have to tell the sheriff court that they want to evict you
    * you will be sent a summons telling you when your case will be heard at court
    * your case will come to court
    * sheriff officers will be sent round to remove you from the property.
    But only, note, after LL gives you a valid notice to quit: Just because tenancy fixed-term comes to an end isn't giving a "notice to quit": Without a valid notice to quit, sheriff court possession order & sheriff officers knocking at your door, you are quite entitled to continue living there... (and paying rent.!!.) but may not get a good reference...

    or

    B) You or the Landlord has given a valid notice to quit expiring 2nd October..
    Still you don't have to leave the, LL still needs to go to court to get you out..


    I guess the only other wrinkle could be that the tenancy says "ends at 00:01am 2nd October " but then you'd be entitled to stay until 11:59 on the 1st...

    Your landlord, unless something else is going on, sounds barking...

    C) However there is nothing to stop you & her arriving at a mutually agreeable variation: If, for example, she offered you e.g. £150 & a perfect reference to leave one day early you can agree to do so - but get it all in writing & money up-front in cash

    D) One more wrinkle: If tenancy was a SAT but no AT5 served BEFORE tenancy signed by you it is not a SAT & she'll have even more difficulty getting you out...

    Do post for any further clarification: The Shelter website has a wealth of good info, and they have a number, 0808 800 4444 but they are an overworked charity so you may have to wait a bit

    Cheers!

    Artful

    PS Check the landlady/property is registered: If not, fine up to £5k & possible criminal conviction...
    www.landlordregistrationscotland.gov.uk
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3

    Default

    Thanks for your post.

    What happened was that we gave our landlord our 2 months notice to leave. Our lease agreement actually says the words [B]"let will run from 1st April 2010 until 2nd october 2010". i called the solicitor who drew up the agreement and he confirmed our moving out date should be the 2nd october.

    Where i have a problem is that my landlord said that this date is not suitable for her and i must vacate by no later than 2pm on the 1st october. I told her this is not what is on my agreement and she said there is no alternative. If i dont move out on the 1st then i will have to post keys to her and then when she has time for someone to inspect the property, she will get back to me with my refund!

    I just dont know where to go from here as we are going round in circles. What are my next steps?

    I have checked the register and she is registered.

  4. #4
    Join Date
    Mar 2009
    Posts
    8,394

    Default

    Your landlord is being entirely unreasonable and asking for something she is not entitled to...

    However, difficult to force her.. How did she tell you (? email or letter??) I think I'd want someting in writing (from her to you or you to her, keep copy..) stating her unreasonable demands.. I'll have a think. Would suggest you call Shelter...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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