Complicated ending of our tenancy...

clark24

We are planning on giving a months notice, as per our tenancy agreement but we are just worried that we won't get a good reference which would mean we can't get anyone else to rent to us and our deposit will be withheld which would be a massive pain as it's a lot of money (to us anyway) and tbh we could do without the hassle of the courts (but obviously will go down that route).

We just feel a bit fed up, what is the likelihood of getting a new tenancy without a reference, or with a bad one (we honestly deserve a good one but we have also deserved to not feel like unwelcome squatters but they are just not reasonable people!)

sandsni

clark24 wrote: »

We are planning on giving a months notice, as per our tenancy agreement but we are just worried that we won't get a good reference which would mean we can't get anyone else to rent to us and our deposit will be withheld which would be a massive pain as it's a lot of money (to us anyway) and tbh we could do without the hassle of the courts (but obviously will go down that route).

We just feel a bit fed up, what is the likelihood of getting a new tenancy without a reference, or with a bad one (we honestly deserve a good one but we have also deserved to not feel like unwelcome squatters but they are just not reasonable people!)

What reason do you have to believe the LL wouldn't give you a good reference? Have you paid the rent on time and acted in a "tenant-like manner"? Do you have any LLs previous to this one who would be willing to give you a good reference (which would at least balance any bad reference the current one gave out of spite or whatever)?

jamie11

Yorkie1 wrote: »

I have a vague recollection that a Scottish tenant has to give notice to leave at the end of a fixed term of a tenancy - but am not sure whether this is a) correct, and if so b) what that notice period is. As G_M says, his links above relate to England / Wales.

Hopefully one of the Scottish LLs will be along at some point to confirm whether my memory is failing (it might well be, but better safe than sorry!).

I know Scottish law is different to what we're used to, but it makes a nonsense of a fixed contract if you also have to give notice, The contract is fixed, it has an end date, That should be enough.

jamie11

OK I take it back. I googled...........

Fixed term tenancies

Your tenancy may have been set for a fixed amount of time, for example six months or a year. Some tenancies automatically repeat themselves at the end of the fixed term. For example, if your tenancy is for six months, at the end of that six months, it will automatically start again for another fixed term of six months, this is called tacit relocation.
If you want to leave when the fixed term runs out, you should give your landlord notice that you are going to leave. Your tenancy agreement should state the amount of notice you should give, but if it doesn't then you should give at least 28 days notice. This will give them time to find a new tenant if necessary. This will prevent the tenancy from repeating itself. If you are an assured or short assured tenant, you'll need to give your landlord 40 days' notice if the fixed period of your tenancy runs for longer than three months.

From 'Shelter Scotland'

clark24

sandsni wrote: »

What reason do you have to believe the LL wouldn't give you a good reference? Have you paid the rent on time and acted in a "tenant-like manner"? Do you have any LLs previous to this one who would be willing to give you a good reference (which would at least balance any bad reference the current one gave out of spite or whatever)?

Everytime one of their spies pops up they say things like X won't be happy that you haven't mowed the lawn for over a week (it was raining), and X won't be happy you haven't washed the windows this month (it was snowing !!!!!!) and X wouldn't want you putting your bin there (hidden from view unless you are on the property) and X would want you to trim back that rhubarb and X has said that that pile of raked leaves are unsightly (green bin was full, was going out to get green bags, then got complaint full green bags were not put in shed.......)

Rent is paid up without any problems.

X has unrealistically high standards!!

This is the first time we have rented in 20 years, always owned but we sold to move to Scotland and used the small bit of equity to start our business so no landlords to give us a reference, apart from our shop landlord who thinks we are great, would a new house landlord accept a reference from him?

tbs624

jamie11 wrote: »

There's the rub, this deposit was taken before October 2012.

....if received by LL between 2 July 2012 and 2 October 2012 then deposit should have been scheme registered by 13 November 2012

tbs624

jamie11 wrote: »

I know Scottish law is different to what we're used to, but it makes a nonsense of a fixed contract if you also have to give notice, The contract is fixed, it has an end date, That should be enough.

Tacit relocation applicable in Scotland (unless tenancy agreement says otherwise) - what this means is that unless either party gives appropriate notice to the other the tenancy renews automatically ("silently") on the same terms. So, 12 months for initial tenancy - fail to give required notice and you get tied in to a further 12 months.

However, OP refers to a clause stipulating that upon expiry of the original Fixed Term the tenancy will continue from month to month.

jamie11

So he does!

Tenancy is 1 year, then rolling month to month and it ends middle of June.

I wonder if the landlord/agent has used an English AST form, the tenancy would still be under Scottish rules though.

There is still time to comply with the 28 day notice period if the tenancy started after 9th June 2012.

tbs624

OP - your LL sounds to be a total pain. Most LLs who are challenged over the scheme registration of a tenant's deposit would fail to be fair over a tenant's reference.

Use an employer's reference, any other professional reference, evidence from your own records of your rent having paid in full and on time. You would probably be better using a self managing LL so that you deal with the organ grinder direct. Potential LLs do understand that a LL who has failed to comply with deposit regs, and is asked about it by the T, is unlikely to help the T out with a reference.

You may need to pay 6 months rent upfront if you can't satisfy a potential LL's screening processes though.

Write formally to the LL ( keep a copy) and ask them to confirm in writing to you which scheme your tenancy deposit is registered with as you "have been unable to get confirmation from any of the three schemes".

Is your current LL registered as a LL, as required under Scottish law?

sandsni

A reference from your shop LL would at least be proof that you pay on time and keep the place in good repair, so it would be worth offering to potential LLs.

If you're taking photos of the place you're in now for the purposes of check-out/deposit return etc., you could show them to potential LLs so they can see for themselves how you keep the house and gardens. That way they can see whether or not they think the current LLs reference is a fair or realistic comment on your family as tenants.