Ending a tenancy.

geedad

Hi all, I have a problem I hope someone can help me with. I recently split with my partner and she has moved out. I am still resident in the rental property with my 3 children. The problem I/we are having is the letting agent is saying that I cannot get the lease in my name, which I do not want, because of unemployment, low income etc, and my ex is being held liable til the end of the lease in 12 months time. She cannot get another tenancy when her name is still on this one and I can't really get any help to move on because I'm still in this house. Neither I or my children want to remain where we are because the rest of my family all stay down in the Scottish Borders, whereas we are in Edinburgh. The letting agency is saying that you can only end a tenancy by giving a months notice at the end of the lease and as the tenancy apparently renewed recently, it wasn't signed or handed back but have been told it runs on "by proxy"? because we didn't vacate the premises, it still has twelve months to run. It would appear we should have planned our split two months ago and gave notice to the letting agency. Is this all correct? can we be held to the unsigned lease for another 12 months after splitting up?

Thanks for any responses.

sequence

BY the sound of it, the lettings agent is talking bull**** . Contracts don't get renewed unless you sign them. You are on a statutory periodic tenancy and you partner must give 1 months notice to leave. Regardless of what the LA says **** This only applies to England

geedad

So we do have the right to end the tenancy by giving a months notice whether its near the end or not? As in, we give a months notice now and then, thats it?
A letter from the letting agency states "We would also remind you that you are contracted for the full period of the lease, therefore, if you should find yourself having to vacate at an earlier date, please advise us as soon as possible. This will enable us to explain your liabilities under the terms of your lease and also the procedures involved in obtaining a new tenant, where possible, to release you from your lease." Does this mean we can't end it until they find someone else to inhabit the house?

sequence

Providing you and your partner ABSOLUTELY DID NOT sign another contract, then you can give 1 months notice. It must be the right dates (and I don't know what's right sorry, but some one here will).

Stop communicating by email, it could get messy if the LA really believes you are contracted, so send 1st class letters and keep copies **** This only applies to England

bigheadxx

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/common_law_tenancies/common_law_tenancy_rights

Scotland has different system to rest of UK.

geedad

Thanks for the link bigheadxx, it would appear that I'm stuffed.

sequence

I'm sorry, I overlooked the Scotland part. :eek:

geedad

Its ok, I still can't beleive it though, stuck here for another year. Think I'm going to spit out my dummy and cry...

tbs624

sequence wrote: »

BY the sound of it, the lettings agent is talking bull**** . Contracts don't get renewed unless you sign them.

Yes, they do in Scotland - if tacit relocation applies

Sequence - why not add an edit line in your original posts, just so that anyone who doesn't read to the end of the thread doesn't take away erroneous info

tbs624

geedad - take your contract and make an appointment to see the private sector rentals team, so that they can go through it with you. If you have a look online at the LL register you can obtain the name and address of the LL and then talk to him/her direct.

It may be that , given your circumstances, the LL *may* agree to releasing you/your ex-partner from the tenancy agreement if you agree to pay advertising costs involved in finding a new T and assist with viewing opportunities. Some LLs would prefer this option rather than run the risk of you falling into arrears, so it's always worth asking.

sequence

tbs624 wrote: »

Yes, they do in Scotland - if tacit relocation applies

Sequence - why not add an edit line in your original posts, just so that anyone who doesn't read to the end of the thread doesn't take away erroneous info

Have done, again sorry for the mis-information. I'm never moving to Scotland that's for sure!