Can landlord ask me to leave early?>

jen_br

I have given my notice to our LL, and she's obviously bitter as the property is on the market, and she has had no viewings... and we aren't buying it now and moving out (we don't want to sit and wait!)

Now, can she ask me to leave early (earlier then my notice period?)
Also, if we painted a room (with her permission) it was a god aweful green to blue (for my boys room) and decorated fully i.e filled in nail holes etc.. She now wants us to paint this back to magnolia?


Thoughts?

ceh209

She can ask, but she's got no comeback if you don't agree. If you're happy to leave early, you may be able to get a decent cash payment out of her for doing so - up to you whether you try this though.

Was that permission in writing? If so, I don't see she can make you do anything.

If not, was there an inventory? Did it specify the colour of the walls?

jen_br

Ill look at the inventory - I dont believe it mentions colour. The permission was in writing.

I should mention I live in Scotland... I am leaving in Dec (had to give 2 months) but have lined up my new place for then too!

DVardysShadow

jen_br wrote: »

Ill look at the inventory - I dont believe it mentions colour. The permission was in writing.

If the permission was in writing and was not conditional on you putting it back, she has no grounds to complain.

And even if the condition was that you restored it, she is one cheeky cow if she expects magnolia when it was originally an awful green.

theartfullodger

She can ask what she likes: I can ask Charlie Windsor to leave our shores & never come back but sadly doubt he will.

Inventory & deposit is changing in Scotland - see here...
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits
and check if she should have protected your deposit before you go ( I think not..).

Assuming deposit protection scheme isn't relevant then the landlord can decline to return the deposit & you might have to take her to small-claims & your local friendly Sheriff court. Sounds to me (a Scottish LL..) like you've got a strong case & should win, especially if her permission to paint was in writing/email/witnessed..

The link has a section on what to do if you have problems getting deposit back...

Cheers!

jen_br

Thankfully the dep was protected... We were given a sec 21 etc for Oct 1st in Aug because the lease was changing.

The lease is now (starting oct 1st) a 2 month thing. plus protected deposit. which was done after we signed the lease but within 30 days. So basically im giving notice for Dec 1st ...

theartfullodger

jen_br wrote: »

Thankfully the dep was protected... We were given a sec 21 etc for Oct 1st in Aug because the lease was changing.

......

Really?? A section21 notice has no validity in Scotland. In Scotland it should be IIRC NTQ, S33 notice and possibly AT6 notice: And would only be usable in court if served by Sheriff's officers or through recorded-signed for..

However you served him notice and as long as he is happy with that fine... But if he used S21 he doesn't know what he's doing (so I wonder what else he got wrong...)

tbs624

As Artful says - s21 not relevant to Scottish short assured tenancies.

What do you mean by "The lease is now (starting oct 1st) a 2 month thing."?

jen_br

I have lived here for 3 years with a notice period of six months from the landlord. She could only give notice in Aug, and Feb.

She gave us the notice she was terminating the tenancy on Oct 1st (gave us this and a AT5 or 6)

Anyway we signed a new lease (the new lease basically just had a 2 month rolling contract) whereas we each have to give 2 months notice.

jen_br

I also got a notice to quit