Fixed term up, Landlord coming home, no written notices from Agent

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    Fixed term up, Landlord coming home, no written notices from Agent

    Might someone cast their expert eyes over this little tale from Scotland?


    Landlord lives abroad. Tenant entered into 6 month Short Assured Tenancy with L’s Agent. A showed T an AT5 beforehand and A retained it. T and A agreed to two subsequent 6 month extensions. T received Notices to Quit and Section 33 notices for first two terms. T was due to become a student but lost job and abandoned plans, began claim for LHA and CTB but only informed A about CTB. T paid rent on time, everyone happy with no problems for 17 months.

    L was returning to UK and wanted possession at expiry of fixed term, informed A two months in advance. T received no written notices this time. A phoned T one month before expiry and gave T verbal notice to quit. T told A he had not received written notices and A said they would have been sent. T started looking for new accommodation but was unsuccessful. None of A’s other properties were suitable to T.

    3 days before expiry T asked A for the full two months notice, from date of phone call at least. A asked L who declined. L was coming straight from airport the day after expiry with own keys to move back into property. A told T a court order would be needed if he remained, but T would be liable for legal fees and L’s hotel costs. T had nowhere else to go except a homeless hostel. T viewed A’s vacant properties and took the least bad option. T was unhappy in the new accommodation from onset, complained, and began withholding rent.


    Are both parties as bad as each other here? Did the Tenant have any right to stay? Did an unlawful eviction take place? Is any case of the Tenant’s undermined by him not fully informing the Agent about his circumstances? With the AT5 not actually given to the Tenant to keep, was a Short Assured Tenancy really created?

    #2
    Originally posted by TheT View Post
    Might someone cast their expert eyes over this little tale from Scotland?

    Well, we could, but since this forum deals almost exclusively with tenancies in England and Wales where the law is different from north of the border, I'm afraid we cannot be of much help. Sorry.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Contact Angela, she is a member here using the name Disillusioned. She comments on Scottish law.

      I am not sure if a private message here generates a message to their e-mail address.

      Good luck.

      pm
      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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        #4
        Thank you for your replies.

        I tried sending a private message to Disillusioned but alas I have not enough posts - property mongrel, could you possibly request her attention on my behalf?

        I can see the dangers of advising on Scots law from an English and Welsh perspective, and vice versa! With appropriate caveats in place, can I appeal to either of you, or anyone else reading, to comment on the general principle of the thing? The Scottish SAT and s.33 notice could be replaced with an AST and s.21 notice.

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          #5
          No. Each legal system is different. an E&W perspective is irrelevant in Scotland and vice-versa.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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