Do we owe our landlord money?

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    Do we owe our landlord money?

    We have been in this flat since August 2019. We handed in our notice to leave in March (for the end of April). Then we got this email.

    "I would like to bring into your attention the terms and conditions of the lease which you all signed and also bring into the attention the Private Housing (tenancies )(scotland) Act 2016 under which this tenancy was arranged.

    Clause 22 of the lease you signed gives the Ending of the tenancy conditions . It is stated under clause 22(1) that ,"The tenant giving the Landlord at least 28 days notice in writing to terminate the tenancy ,or earlier /longer date if the Landlord has consented to waive this minimum 28 days notice period. (Please note it is earlier or longer notice)

    Clause 22(2) the minimum /longer notice period is defined as follows.

    a. Begins on the day the notice is received by the Landlord , and
    b. ends on the following
    i. such number of days /months after it begins as the Landlord and Tenant have validly agreed between them in writing or
    ii if there is no such valid agreement , 28 days after it begins.

    Please note this 28 days notice only applies , if there is no other notice period agreed upon. But in this tenancy this longer period was agreed in writing.


    Please note you did ask and I agreed that the date of end of tenancy shall be 31st August 2020 , and it was confirmed in writing and a copy of this agreement is enclosed.

    Our above lease conditions were based on the CHAPTER 2 , Clause 49 1(c) ,2, and 3 (a) , 3(b) (i) and (ii) of the Private Housing (Tenancies) (Scotland) Act 2016.

    Under the circumstances I think your 28 days notice is NOT valid and I can not accept it.

    Therefore full rent is payable till the agreed period ending 31st August 2020. Therefore rent from 1st May to 31st August 2020 is outstanding. So the total rent for 4 months equal to £4500 is outstanding which I can recover from you by legal means."


    We are just very confused honestly. We understood the law differently and thought our notice to leave was fine. Now this. Is he right and do we owe him money?

    #2
    He is wrong, a rental agreement can ADD rights to a tenant - it cannot take them away

    Call Shelter Scotland or your local council - they will have a private sector unit, I am sure your landlord will have egg on his face

    Comment


      #3
      What does your tenancy agreement say

      Oh- has the landlord protected the deposit and have they informed you within 30 days?

      If not you can claim up to 3 x the deposit

      also- if they have not do not give them warning of it in advance by asking them- check with each of the 3 schemes

      Comment


        #4
        Our tenancy agreement is a Private Residential Tenancy Agreement. Our deposit is with Safe Deposits Scotland and he did let us know within the time so I guess that one is fine.
        We are planning on calling Shelter tomorrow. I did think that what he's saying doesn't sound right, but as I don't understand it very much, I wasn't sure. Thank you for your response.

        Comment


          #5
          Originally posted by veronikaj View Post
          Please note you did ask and I agreed that the date of end of tenancy shall be 31st August 2020 , and it was confirmed in writing and a copy of this agreement is enclosed.
          That sounds simple enough.

          You have agreed in writing that the tenancy will last for a fixed term until at least 31st Aug 2020.

          You are liable for the rent for the whole of the fixed term. (Unless there is also a 'break' clause in the agreement that lets you give notice and leave early).

          Shelter Scotland: https://scotland.shelter.org.uk/get_...ding_a_tenancy
          Ending the tenancy before the fixed term is up

          Your tenancy agreement should say whether or not you can end your tenancy before the fixed term is up, and how much notice you need to give. If your tenancy agreement doesn't mention this, you may find your landlord can still charge you rent until the fixed term is over, even if you need to move out before this. If you are worried about this, talk to an adviser at a Shelter advice centre or Citizens Advice.

          Comment


            #6
            Originally posted by nukecad View Post
            That sounds simple enough.

            You have agreed in writing that the tenancy will last for a fixed term until at least 31st Aug 2020.

            You are liable for the rent for the whole of the fixed term. (Unless there is also a 'break' clause in the agreement that lets you give notice and leave early).

            Shelter Scotland: https://scotland.shelter.org.uk/get_...ding_a_tenancy

            Not so

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

            You and your landlord can agree a different notice period. But this must be in writing and can only be done once you have started to live in the let property. Your agreement to change the notice period must be given 'freely and without coercion'. If your landlord has inserted a longer notice period into your tenancy agreement before you started living in the let property, the notice period will be invalid and the 28-day notice period will apply.

            Comment


              #7
              Originally posted by baldelectrician View Post
              You and your landlord can agree a different notice period.
              And if the landlord doesn't agree to a different notice period then the 28 days statuatory notice applies- once the agreed fixed term has ended.

              In this case the landlord is not agreeing to end the tenancy before the agreed fixed term has expired.

              Comment


                #8
                The tenant says she has a PRT, it has deemed periods of notice.
                She has not said she agreed separately to a different term

                This part
                But this must be in writing and can only be done once you have started to live in the let property

                A PRT is signed PRIOR to rental, the tenant would have to change this AFTER she moved in- she has not stated this.

                Can the OP put the agreement up (with personal info removed) please ?


                Comment

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