Asked to leave our private rent HELP!!

d_rok69

Thanks everyone for all your fab advice.

Just to update you all I am still recieving calls from LA trying to show me properties most of which are outside my price range. I have stated to him i dont want to view any properties I am happy where I am. He told me the LL wanted us out by 25 April so I had to do something soon. I once again told him i have the tennacey till Aug and I dont need to go any where he said i would be squatting so i sent him an email with the following points from a legal adviser at CAB which stated the following


I thought it might be helpful if I emphasised in E-Mail that you will not become a squatter in the event that your landlord is able to bring the contract with you to an end. This is because all tenants in Scots Law have statutory security of tenure which cannot be brought to an end by any party except the Court. It is also true that the Court can only bring a tenancy to an end if sufficient grounds can be made out (and in many cases only where it is reasonable to do so). On the basis of what you have told me it is not clear that the landlord has any grounds for bringing possession proceedings in the Court.

We do not think that it is likely that the landlord’s insurance would be affected by your employment status. Even if that is the case, we do not think that is a relevant matter with regard to your tenancy.

I have also told you that it is a serious criminal offence to attempt to evict a tenant without lawful authority.

A landlord has an obligation in criminal law to register her status with the Scottish Government.

Estate Agents are often members of Ombudsmen Schemes and in these cases are obliged to follow a Code Of Practice. Tenants may have a right to complain about the conduct of the Estate Agent to the relevant ombudsman.

You have told us that the landlord intends to sell her house with vacant possession in the near future. She will only be able to do so if she can reach an agreement with you. We therefore suggest that you seek a discussion on settling this matter but only on a “without prejudice” basis.

I have repeatedly asked him since Friday to talk to LL and he hasnt done this. I had another call from him today to see if i wanted to view another property.

As of close of business today LA still haven't contacted LL and I still have had no written notice. I have asked that all communication be in writing and anything from LL comes via LA but LA is still insisting on calling me

theartfullodger

Suggest you remove the gentleman's name..

Good stuff!! If you need more advice check with Shelter Scotland 0808 800 4444..

Cheers!

d_rok69

theartfullodger wrote: »

Suggest you remove the gentleman's name..

sorry im new at this. I feel like im talking to a room full of friends and keep leaving in names :eek:

FireWyrm

Dear god, what a shower of twigglets. Keep us updated, it's always nice to see a rogue/useless landlord comprehensively dealt with. Follow the advice of people on here, they have years of experience combined...trust it.

zappahey

d_rok69 wrote: »

so i sent him an email

[

why does no one ever listen when told to communicate in writing, by letter, with proof of posting?

princeofpounds

why does no one ever listen when told to communicate in writing, by letter, with proof of posting?

I wonder this sometimes too!

HappyMJ

zappahey wrote: »

why does no one ever listen when told to communicate in writing, by letter, with proof of posting?

Emails can have proof of posting and with a piece of software can have proof of reading as well. This is acheived by using an embedded image in the email which when opened from the internet gives a log of the times the email has been read.

So as long as the agent/landlord have a business email address such as agentx@ remax.co.uk then this is a valid communication in writing. It can be delivered using email or by royal mail.

19lottie82

I know this must be stressful for you OP but I have to admit if I were in your shoes i'd be LMAO watching the LA/LL digging themselves in to a deeper hole when they are blatently in the wrong with no legal recourse. Can't wait to see how this one unfolds! :rotfl:

rpc

The points in that email are all you need to say for now.

I would follow up with a letter reinforcing the points you (and CAB) have made. Particularly the "criminal offence" bit. An email is probably OK in court, a letter (with appropriate proofs) is certainly OK. Some people also perceive emails as being less formal and the same words, but in a letter, can sometimes carry more weight.

d_rok69

sorry i should have mentioned i sent this in an email as the LA was trying to scare me and say i was squatting. I have also sent a recorded delivery letter with those points and I have left it at that.

As advised by 19lottie82 i am just going to sit back and wait. I can actually see the new owner showing up to move in and me still being here because everyone just seems to be ignoring the fact that i am entotled to be here.