Landlord won't let us leave

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    Landlord won't let us leave

    We signed a lease in Auguat 2019. During the singing, the landlord made us also sign a notice to end that states we want to leave after 12 months. This was fine at the time, however due to coronavirus and us being international students, we have to now leave the country and cannot stay in the flat and pay rent.

    We sent the landlord our new notice to end for the end of April which fits into the 28 day notice period. He is now saying thay we cannot leave before the 12 months are over as it says in the original notice to end. Can he do this? We really can't afford to stay here, for financial and health reasons.

    #2
    Remind him that the Scottish Government PRT over rules ANY terms he has in the agreement that seeks to remove your rights

    In other words the landlord can add more rights in an agreement but cannot have you sign away your rights

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      #3
      Thank you for the response. I am aware of this, I was just wondering if this still holds if what he made us sign was technically a notice to leave so it wasn't part of the agreement I guess?
      If we hand in a new notice to leave with an earlier date, is this ok or can he refuse that?

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        #4
        He can try and refuse it.

        Comment


          #5
          As baldelect says he cannot (may not, legally impossible to...) make terms worse for notice than the standard PRT contract. NB Was the contract headed Private Residential Tenancy?


          You simply have to give him 28 days notice as under the PRT. If your earlier notice was served and was valid (sounds like it was OK ) there is no need to serve another notice, that would only encourage the cheating disgrace of a landlord.

          I wonder what else he got wrong: Deposit protection, EPC, gas safety, permission to rent property from mortgage company, registered as a landlord (the last fine possible, up to £50k).

          Point your dodgy landlord at this thread.

          Slàinte mhath!
          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...

          Comment


            #6
            On average you would have paid a lot more (than you would otherwise have done) for a tenancy that is in effect a one month notice your end (by virtue of the legislation in Scotland). So give notice as above.

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