View Full Version : Anybody know about Scots housing law?
Hello everybody, just looking for advice on ending a tenancy agreement and been all over the web and can't seem to find the answer to my question. The tenancy agreement wasn't signed but in Scots law "tacit relocation" applies which means that the tenancy runs on regardless, the problem I am having is I'm falling to pieces and can't stay here any more. The tenancy is based on various criteria which I don't meet but the letting agency won't release me from it.
What do i do?
sookie.
Yeah the deposit was paid on a previous house that got sold so we had to move and ended up with this house but the deposit and fees that were paid carried over to this one.
No idea if Scottish law differs. But why don't you work out how much rent you owe and then tell them to offset it against the deposit and let them trace and sue you for the balance. I bet they won't.
independentphoto
29-07-10, 12:56 PM
Contact the Citzens Advise Beaureu?
The problem is getting released from the tenancy so that I can get another one and if I do anything which can be seen as voluntarily homeless this stuffs up my case with the local concil so I was hoping to find a way to force the letting agents to give me a notice to quit, but they aren't.
The problem I have had with the CAB and various is they are just telling me to stay here until the tenancy ends.
Its ok all I'll keep trawling and see if I can get an answer, forgot where I was n that.
Love and respect.
sookie.
it will be written into your agreement that you can give notice. this is usually 1 month but may be more. letting agency's are fekin asshoyles and will do anything to keep your deposit even if you do everything they say they will come up with an excuse. e.g. the carpets are dirty, the W/M is dirty, the windows need washed yada yada and will charge you extortionate rates to 'put it right'. if its not written that you can give notice then you should have read the agreement before signing, in which case they are entitled to peruse monies for the remanding time left on contract. if you pay them by standing order or DD they will just lift the remanding 'debt' straight from your account, they will not take into account your deposit and will keep that over and above. they know there is nothing you can do apart from take them to the small claims court and that takes monttttttttths.
play it by the book but even then you wont win that is why the CAB wont help as its an all to common occurrence and its a legal and binding contract between you and the letting agency.
good luck as you may have a decent agency who is kind.
the 'tactic relocation' occurs when your previous tenancy agreement ran out, you say u hadn't signed the agreement, do you mean the original one or renewed one once the agreement was due for renewal? cos that's the point of the term, meaning u don't have to do anything and by doin nothing you've agreed to carry on as was.
the only thing I can recomend would be to contact the letting agency, explain your circumstances, give them written notice u plan to leave in 1/2 months and see what they say. that gives them time to find a new remnant and you somewhere to move to!
BiBo, thats not the case any more. Your deposit has to be put into a a Tenancy deposit scheme which also a thrid party and mediates in times of dispute. When i moved out of the house with verna, we didnt have any issues with changing the deposit soley in her name. We did however have a nightmare with the agenct before hand as we went to the owner direct, and the agenct tried all manner of stuff saying that we and the landlord were in breach of contract although the landlord was the one who initiated the whole thing. It got sorted in the end but was a faff, but nothing to do with dirty carpets which is what the TDS now stops, or at leats minimises.
As for your problem Sookie, no idea love, Scotland is wierd
Thanks for the responses, it was a continuation of a previous lease so tacit relocation does apply, unfortunately, but I was pointed towards "Letwise" and have spoken to a wonderful, kindhearted, warrior of the people,lol, and she's going to release the hounds on the letting agent. I told her a little about the background and the circumstance I now find myself in and, wow, I'd forgotten such caring people existed outside the motorcycling world. The sookie fella has had some sleep and his cheeks are drying.
As always, much respect to you all.
sookie.
glad you are getting it sorted sookie
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