Asked to leave our private rent HELP!!

poppy10_2

This is an AT5:

http://scotland.shelter.org.uk/__data/assets/pdf_file/0014/23153/AT5.pdf

d_rok69

sorry all i do have an AT5 i just didnt know i had it

Ok so to sum up all points:

I am entitled to stay in the house until my contract is up and i am entitled to a written notice or notice to quit with a two month period as stated in my contract and even after they serve that I dont need to leave the house until they get a court order?

I honestly hope she just gives me cash and i will leave im sick of these people and dont want to deal with them anymore. Even if we reach an agreement where i leave i still cant afford to rent another place until i get the deposit back and god knows when that will be.

i basically just feel remax have given me false info they are trying to trick me into another contract i feel harassed and feel the owner shouldn't be contacting me. i also find it hard to stick up for myself which is a problem in this case

In regards to her selling the house she said sale is in progress im not sure where this leaves me. The new owner cant kick me out can she?

i am a reasonable person i would leave but as i said im unemployed i dont have the cash to move in a month and no way will i have first month rent a deposit on a new place

poppy10_2

d_rok69 wrote: »

I am entitled to stay in the house until my contract is up and i am entitled to a written notice or notice to quit with a two month period as stated in my contract and even after they serve that I dont need to leave the house until they get a court order?

Yes.

d_rok69 wrote: »

In regards to her selling the house she said sale is in progress im not sure where this leaves me. The new owner cant kick me out can she?

No. And the sale won't progress - the buyer's mortgage lender will require vacant possession of the property, and won't allow a sale to go through if there is a sitting tenant. Yet another incentive for the landlady to give you a cash incentive to voluntarily give up your contract.

newbutold

d_rok69 wrote: »

sorry all i do have an AT5 i just didnt know i had it

i basically just feel remax have given me false info they are trying to trick me into another contract i feel harassed and feel the owner shouldn't be contacting me. i also find it hard to stick up for myself which is a problem in this case

Write to both the agent & your landlord telling them, that from now on you all correspondence must be in writing & that they are to cease calling you, otherwise you will consider this as harassment.

Hopefully this will enable you to stick up for yourself if you are not 'put on the spot' on the phone.

carebabe

good advice about requesting future communications in writing. if you have an answer machine let all your calls go on to answer and dont pick up from ll or remax.

HAMISH_MCTAVISH

d_rok69 wrote: »

sorry all i do have an AT5 i just didnt know i had it

Ok so to sum up all points:

I am entitled to stay in the house until my contract is up and i am entitled to a written notice or notice to quit with a two month period as stated in my contract and even after they serve that I dont need to leave the house until they get a court order?

I honestly hope she just gives me cash and i will leave im sick of these people and dont want to deal with them anymore. Even if we reach an agreement where i leave i still cant afford to rent another place until i get the deposit back and god knows when that will be.

i basically just feel remax have given me false info they are trying to trick me into another contract i feel harassed and feel the owner shouldn't be contacting me. i also find it hard to stick up for myself which is a problem in this case

In regards to her selling the house she said sale is in progress im not sure where this leaves me. The new owner cant kick me out can she?

i am a reasonable person i would leave but as i said im unemployed i dont have the cash to move in a month and no way will i have first month rent a deposit on a new place

The summary of your situation is as follows:

1. You don't have to leave until the end date of the tenancy, unless your landlord is able to get an eviction notice from a court based on the grounds laid out in the law.

2. Grounds for an eviction in Scotland include the relatively clear cut areas of significantly late rent, or persistently late rent, but also include some far more grey areas such as "deterioration of condition of the furniture" or "deterioration of the house or common parts".

3. It is unlikely your change of employment status is a legal ground for eviction, unless your contract specifically states otherwise. (And even then it may not be enforcable)

So you have a relatively strong bargaining position, assuming none of the grounds for eviction are in effect, but you really have only two choices.

1. Negotiate a reasonable compromise, where you get sufficient funds in advance to move house and a reasonable time of 2 months or so to move in.

2. Dig your heels in and risk the landlord trying for an eviction based on one of the greyer areas of law that may be difficult for you to fight.

Read this document to see what I mean. Sections 14 and 16 are particularly grey areas.

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/grounds_for_eviction_-_assured_and_short_assured_tenants

I would suggest your best bet is to start communicating with the landlord and agent in writing, and noting that whilst you have no obligation to move before the end of your tenancy date, you are willing to come to a reasonable compromise.

I would then lay out the terms under which you would be willing to move early, ie, with reasonable compensation to cover expenses incurred by moving and paying your next deposit/1st months rent, along with a time frame of 2 months or so, written good reference, etc.

I would also be sure to document in your initial letter the fact that the landlord has asked you to move asap in order to sell the property, and keep copies of all correspondence and proof of posting in case they do end up trying for eviction at a later date. By doing so you are establishing the real reason for them wanting you to move (no matter what they may claim in court later if they try for eviction) and also that you have been reasonable in trying to compromise and accommodate their situation instead of digging your heels in. This will all help if it goes as far as legal proceedings later on.

There is little point in letting these situations become adversarial and hostile, better by far to seek a solution under which everybody wins.

You should still speak to Shelter or a Solicitor, but I suspect they'll give you much of the same advice you've had in this thread.

Good luck.

dancingfairy

You have a contract. They can't just change the contract part way through just to suit themselves. Your contract is 99.9% likely to be with the landlady with the agent acting on her behalf. What arrangement she has with the agency is irrelevant.
You just have to pay the rent and look after the place and can stay there until the end of the contract (August) unless you want to move earlier and if so you should make sure you are bought out of the contract (ie they pay you to leave and make their life easier).
DO not let them bully you. You are in the right and they are wrong.
Keep Calm.
df

rpc

You have an ignorant LL and an ignorant LA - surprise surprise.

Hamish and poppy10 give good advice - she can't get you out until August at the earliest (unless there is a particular term in your contract that can be activated). If your employment status isn't in your contract (and even then it may be an unenforceable term) then that is a matter between the LL and the agent and nothing to do with you. It sounds like an excuse.

You could, if you wish, write a letter to them. State they have indicated a desire to leave (they haven't yet given you notice) and, although you have a contract until August you are prepared to negociate for an early surrender. Your full deposit back, free choice of surrender date and X months rent in cash back to you might be a sweet enough deal to encourage you to leave?

If they keep insisting that they can get you out, stick to the line of "I have a Short Assured Tenancy until XYZ date. I am not prepared to surrender the contract before that date."

Communicate in writing only - this is really important. And make sure you read up on some of the links about how and why your SAT can be terminated. You need to combat their ignorance and muppetry by having clear understanding of your position.

d_rok69

thanks so much for all your help guys i am going to write a letter to them just now. I will keep you all updated on the outcome.

dodger1

Suggest you remove your LLs name from the above post.