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Advice Needed - End of Tenancy Agreement

I need some help...

I was renting a property in Dundee, Scotland until last month. I spoke to the letting agent and was told I would need to put it in writing that I wanted to vacate the property and give a month notice and pay £100 +Vat get out fee. (which I have done before with this letting agent)

I did all that and left the property a month letter, now I'm receiving letters saying I'm still liable for the property until they find a new tenant or to the end of my tenancy agreement.

I haven't signed a tenancy agreement since July 2012 (Which was for six months) and I haven't had any correspondence from the letting agent asking me to sign a new agreement since January 2013.

Nowhere in my tenancy agreement signed in 2012 does it say I will be liable for the above and I wasn't told this at any point over the last month of my stay in the property.

I have spoken to the letting agent who basically said, I'm liable and pay up.

I have spoken to my local CAB but as I'm now not living in Scotland they couldn't really help, They did say that from the paperwork I have, I've done everything right. I have tried to contact the CAB in Dundee but haven't had a reply.

Is there anywhere else I can take this?? or anything else I can do?
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Comments

  • Okydoky25
    Okydoky25 Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts
    Did you sign the new agreement in January 2013 and if so was it for 6 or 12 months?

    When did you move out?
  • Call Shelter 0808 800 4444 and ask for their Scottish group and see what they advise. Specifically ask them if the £100 fee was lawful....

    Do you have ANYTHING in writing/email between you and agent/landlord on giving notice & fees etc??

    In Scotland you must (MUST!) give notice to end a tenancy: They roll on, either under the terms of the tenancy agreement (read it & tell us what it says about that - I can't read it from here..) or by "tacit relocation" if the agreement does not define how it continues.

    Was there a deposit? Was it protected??

    Was the property registered??
  • rpc
    rpc Posts: 2,353 Forumite
    gti-180 wrote: »
    I'm receiving letters saying I'm still liable for the property until they find a new tenant or to the end of my tenancy agreement.

    To which tenancy agreement does this refer? What was the start date and term of the last SAT you entered in to? Does your SAT mention 'tacit relocation' anywhere?

    There are two basic possibilities:

    1 - You were in a periodic tenancy and ended the contract. You should have done this as specified in the SAT (what were they?). No fee would be due.

    2 - You were in a fixed term and negotiated an early surrender. In this case, the terms are whatever was agreed. If it was one month's notice and a fee of £100 then those were the terms. LA can't add extra terms (e.g. pay until we find a new T) after the fact.
  • Okydoky25 wrote: »
    Did you sign the new agreement in January 2013 and if so was it for 6 or 12 months?

    When did you move out?

    Never signed a new agreement
  • I have emailed Shelter Scotland before posting the topic earlier today. I'm still waiting for a reply.
  • rpc
    rpc Posts: 2,353 Forumite
    gti-180 wrote: »
    Never signed a new agreement

    What were the terms in the previous agreement? How did it roll on after the fixed term? What were the notice requirements?

    In Scotland, the contract is king in many areas (unlike England where statute rules). We can't tell you what terms apply because they were in your contract...
  • rpc wrote: »
    What were the terms in the previous agreement? How did it roll on after the fixed term? What were the notice requirements?

    In Scotland, the contract is king in many areas (unlike England where statute rules). We can't tell you what terms apply because they were in your contract...


    I never had another 6 months from Jan 13, but hadn't been contacted by my letting agent in July to sign any more paperwork.

    I have checked my paperwork and so has a CAB advisor and it doesn't state that I would be liable for anything... Its all about the what the owner can and can't do....
  • As for the letting agent, They hadn't even put the property on the market until a week before I moved out and still haven't uploaded the pictures which was taken three weeks before I left the property.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    What to do now is to write to the agent, keeping a copy and ask him for a copy of the agreement under which they claim that you owe £100.

    If they have made a mistake the penny will drop that they have made a mistake. If they are trying it on the penny will drop that you will not be taken for a mug.

    oops - Scotland. Everything is different in Scotland
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Yes Scotland.... I've moved back to England and find someone who can help is a nightmare...
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