Advice Needed Premature Contract Termination & Security Deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    Comment

    Latest Activity

    Collapse

    • Reply to Notice Period to Tenants
      by annam222
      Thank you very much. I didn't realise that a section 21 had to be served, this is my first time renting out my flat. I thought that once the 12 month period ended that we either renew or the agreement just ends.
      I may want to sell the flat in Spring next year so I had queried with the estate agents...
      01-03-2021, 15:42 PM
    • Notice Period to Tenants
      by annam222
      Hi all,
      I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed...
      01-03-2021, 14:54 PM
    • Reply to Your move references
      by Hudson01
      Ditto, i do not accept guarantors, so its a binary choice for me....
      01-03-2021, 15:39 PM
    • Your move references
      by MrsB27
      Can anyone give me any information on your move referencing please?

      myself and my husband have paid holding deposit and been down with our passports to arrange right to rent check. They have advised referencing is done through Experian or equifax and that it’s nothing to worry about....
      28-02-2021, 19:57 PM
    • Reply to Legal question
      by Hudson01
      Wow..... some children can be the spawn of Satan..... but that aside, is it possible for him to move in with any of the other children etc, then the rogue child will not have as easy access to him, sad i know and it may not be possible with the adults in all the various families all working but it could...
      01-03-2021, 15:31 PM
    • Legal question
      by mind the gap
      Hi all, hope you're keeping safe.

      Not sure which forum to put this in - happy for Moderator to move if appropriate.

      Scenario is as follows. In 2018, elderly widower changes the will he made jointly with wife in 1980s. He does it all properly, using a solicitor and include...
      01-03-2021, 13:01 PM
    • Reply to Notice Period to Tenants
      by Hudson01
      If i were a betting man..............if this ended on the day it should..... there would be carnage and all the left wing would be up in arms and the name of the ' Landlord ' would be even lower than it is now, i can see it being extended again....
      01-03-2021, 15:22 PM
    • Reply to Notice Period to Tenants
      by KTC
      Yes. To evict a tenant with a assured shorthold tenancy, a section 8 or section 21 notice must be served by the landlord to the tenant. The tenancy does not end on its expiry. If tenant does not leave either with or without the landlord's agreement, then landlord would be required to go to court for...
      01-03-2021, 14:59 PM
    • Reply to Notice Period to Tenants
      by theartfullodger
      6 months min if s21, s8 varies depending on grounds. How many month's rent owing please, any other grounds?
      01-03-2021, 14:56 PM
    • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
      by nukecad
      No more disgusting than a regular plughole, it's just that you can see what's in there.

      Being a Plumber entails dealing with muck, and worse.
      Think about that next time you get a plumbing bill.
      01-03-2021, 14:43 PM
    Working...
    X