Advice Needed Premature Contract Termination & Security Deposit

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    Advice Needed Premature Contract Termination & Security Deposit

    Hi

    I rented my flat (in scotland)to someone on an initial 6 months contract (short assured tenancy) they then agreed to take it for another 6 months so another contract for 6 months was made up.

    Now 3 months into the 2nd contract they say they are moving out (gave 1 month verbal notice).

    1) Are they liable for the remainder of the rent (the remaining 3 months) seeing as they signed up for 6 months.

    2) They paid a £400 returnable security deposit before moving in and are pushing to get it back asap as a deposit for their new place. I think they are looking for it a couple of days after they move out or even before it. When should I give them it what sort of time period after moving out, they say there will be no problems with bills as they will be taking with them?


    Please advise.

    Thanks in advance.

    #2
    It's been noted on this forum before that the housing law in Scotland is different and it mainly tends to have experience and expertise for England/Wales.

    In England, landlords are only permitted to mitigate their actual losses (period in which the original tenants left and new ones moved in) and expenses (such as re-advertising costs) and cannot bill tenants for the remainder of the fixed term. It is expected that the landlord actively seeks replacement tenants. On the question of deposits, the guidance is that landlords return them in 'reasonable' time and this isn't defined in x weeks or x days. Landlords that require to organise quotes for replacements and repairs could be subject to delays in getting them sorted in order to calculate some deductions from the deposit.

    However, as stated, you will need someone with knowledge of Scottish law to advise you on your queries around your tenants not sticking to the fixed term contract, speed of return of the deposit and whether you need proof or not that bills have been paid before you return it or indeed whether their bills should be of any concern to you.

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