Landlord- agent notice 2 months changed to one month (scotland)

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    Landlord- agent notice 2 months changed to one month (scotland)

    My agent here in Scotland arranged a new tenant for my property charging me the usual almost one month rent fee. The tenant move in and on the same day gave notice which according to the lease arranged by the agent was 2 months. Two weeks ago I received an email from the agent informing me that an increase from one month notice to two months can only be done once the tenant has moved in. They agent wrote to all their tenants informing them of this. My tenant had already paid the second months rent and is now 22 days into this second month. Today I received an email from the agent informing me the tenant was now enforcing the one month notice and was returning the keys today. The agent is asking me to send back the second months rent so that they can refund the rent to the tenant and that the tenant will be returning the key today. I also found out today that the tenant never moved in to the property and while it was placed on the market in the first week of the tenancy the advert states the flat is only available from the 15th May. Do I have any recourse as a result of the actions of my agent, I have acted in good faith through-out, and the only party out of pocket is myself. The agent has all the letting fees and presumably will be charging the same for any new tenant and the tenant will receive a refund of a months rent while holding the key for 22 extra days and only informing the agent of their intention to enforce the 1 month notice period today.

    #2
    I suspect that you are not familiar with the new Private Residential Tenancy in Scotland. It would appear that the tenant moved into the property then gave notice straight away. This is becoming quite common and estimates are that this is happening in 6% of all leases in Scotland.

    This is not something your Letting Agent can control nor protect you from and the notice period required by the tenant is set in law at only 28 days.

    https://www.gov.scot/publications/pr...tice-to-leave/

    I would speak to the letting agent and ask if they will waive their fees as some letting agents are waiving their "move in and advertising" fees for tenancies that last under 6 months. They are however unlikely to waive inventory fees as an inventory would still be required on both the move in and move out despite the short nature of the tenancy.

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      #3
      Hmmm.

      What is the reason for doing this?

      Ah .. I see - holidays.
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        #4
        Hmmm. I guess that one thing that works against this is unfurnished lets.
        Refer Mad Regulators to Arkell vs Pressdram.

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