Advice Needed

Drea

Usually I try not to post here since there are a lot of threads that turn into arguments! But I'm hoping for a bit of help.

I moved into my flat on the 15th August so the tenancy runs until 16th February. I have always had problems with the letting agents (they have a very bad attitude and my LL has had to complain about the guy that I deal with twice already and he has had other complaints from his other tenants) and so for the past 2 months or so I have been speaking to the landlord directly (which the landlord told me to do, he told me he would rather I spoke to him instead of the LA) which has been fine.

Just for an example of how awkward the LA is, I actually had to go through the HSE to get my gas safety certificate as he didn't want to show me a copy! There have been lots of different things that would make me never ever be a tenant through them again! They like to make everything as difficult as possible.

So I am having money problems and really can't afford to live here any longer. I know I should have thought about money more before I moved in but I had to move in a hurry and thought I had added everything up right, obviously I was wrong. I thought it would be worthwhile asking how flexible my LL feels about the 6 month contract. So I asked him basicly if there was any chance I could move out early, and he said that it's fine with him and shouldn't be a problem but he would have to speak to the LA. He then spoke to them and they said that I would have to wait until they found someone else to come into my flat then I could go, which was fair enough. He told me that they would start advertising my flat on the website yesterday and that someone would call me with the details of what would happen. Neither of those happened so I called today and left a message and someone called me back. He told me that I would have to send in a letter agreeing that I would leave if a new tenant was found for the property. I mentioned that I wish I had known that before as I could have had it in by now and got a snappy 'well that isn't my problem', he also mentioned that my LL would have to send a letter in too.

My problem is that I don't really want left with no notice whatsoever, I'd like at least a week and I'm pretty sure they would be difficult and not tell me until a day or two before that someone was supposed to be moving in! Yes, they really are like that!

I was also wondering if they really do have the last word? My LL was fine with me moving now without having someone else in the property.

And lastly (I think), my tenancy agreement says that I would have to give them notice of moving by the 15th December, it's just as well I noticed this or I would be giving my notice one month before the end instead of two. It's fine now that I have noticed, but shouldn't it only be one month?

For the record, I do know that they could simply just say 'no you can't move' which is why I am trying to keep on good terms with them (although it is impossible, but I can try) and to be as nice as possible. So I do know they are 'doing me a favour' but just wanted some advice, the whole thing is giving me a headache!

Thanks for any help or advice! Sorry for the long post

Drea

Sorry, another quick question. Do LAs/LLs in Scotland have to protect the deposit? I have been looking at some websites about it but they all just mention England and Wales.

tbs624

Hi Drea -can't remember from your previous threads whether it's a one-bedder? If it's bigger could you maybe ask about getting a sharer in?

If you do have to go, you could always put in your letter that you would need 1 week's minimum notice should the LA find a new tenant, and make sure you give a copy of your letter to the LL. The reason its not just on the LL's say-so will probably be because of the small print in the contract that exists between your LL and the LA.They may ask you to fund the advertising involved as you want to leave early.

On your query about giving notice, if your tenancy agreement is a short assured tenancy for 6 months or longer then in Scotland you would normally have to give the LL a minimum of 40 days notice that you would be leaving at expiry IIRC,or run th e risk of "tacit relocation", ie automatic renewal on the same terms. You can check with the local council' Private Sector Rentals Team - newish offices somewhere on Queen Street, or contact Shelter (Scotland)

Unfortunately, there is currently no deposit reg scheme in Scotland.

Hope you have better luck with your new home. Maybe you could try finding a LL who rents direct - go via the Private Sector Team who should be able to give you a list of accredited and/or registered LLs (first is voluntary for LLs, second is obligatory) or try the Scottish LL Association.

Drea

tbs624 wrote: »

Hi Drea -can't remember from your previous threads whether it's a one-bedder? If it's bigger could you maybe ask about getting a sharer in?

If you do have to go, you could always put in your letter that you would need 1 week's minimum notice should the LA find a new tenant, and make sure you give a copy of your letter to the LL. The reason its not just on the LL's say-so will probably be because of the small print in the contract that exists between your LL and the LA.They may ask you to fund the advertising involved as you want to leave early.

On your query about giving notice, if your tenancy agreement is a short assured tenancy for 6 months or longer then in Scotland you would normally have to give the LL a minimum of 40 days notice that you would be leaving at expiry IIRC,or run th e risk of "tacit relocation", ie automatic renewal on the same terms. You can check with the local council' Private Sector Rentals Team - newish offices somewhere on Queen Street, or contact Shelter (Scotland)

Unfortunately, there is currently no deposit reg scheme in Scotland.

Hope you have better luck with your new home. Maybe you could try finding a LL who rents direct - go via the Private Sector Team who should be able to give you a list of accredited and/or registered LLs (first is voluntary for LLs, second is obligatory) or try the Scottish LL Association.

Thanks tbs, I am going to move into a flatshare after I get out of here to try and get my money sorted. It's a one bedroom flat.

There is no way I will be going with these letting agents ever again anyway, actually, I'm probably put off letting agents for life now