Vacating a rental

Squid101

Hi All

Again i find that the best place to go for guidance is here. So thanks in advance for any responses.

After finally moving into our bought home, i find myself with a landlord problem!

We gave notice on the 21st January, and we actually moved out on the 6th Feb. My rent is due on the 8th and even though i wasnt there i made sure i paid my rent on monday.

The house is all but empty, but we want to go back and finish cleaning, and painting it to ensure that it is spotless. (But i am sure they will want to deduct money for stupid bits) Having paid upfront for a month that i am not there, i believe i am entitled to a little grace. Dont forget we havent even been moved out a week!

As this is Scotland and the two months notice clause, i essentially have that house as mine until mid March.

Like i say its been a week. Now they are emailing me wanting to take potential tenants in. This friday and the following monday.

They have nearly £2k off my money. The rent and the deposit.

They tell me that i dont have to be there, they will let themselves in! Which they have threatend to do for the last three + years every 6 months.

I dont have time to get the house fully cleaned and painted in one day. I responded saying it wasnt acceptable.

What are my actual rights?

I have said that as i am almost out they they should consider a refund and then we will get everything sorted super fast, but as that house is currently mine (ie i have paid for it) then i object to them filling it again whilst they have so much of my money.....and pushing me too. Or even demanding entry, then using the unpaited walls against me. This house is completely white, and all marks need to be covered.

I wont lie am sick of them. This is why we bought, them and the darn neighbours who terrorised us. If anyone wants a review on a Dundee letting agent.....then i surely will give you one!!

Whats what guys. What are my rights.

Cheers

Squid101

Another point. We were on a one month rolling contract. The initial 6 months ran out years ago.

Pixie5740

Are you sure you had a periodic tenancy? What did your original tenancy agreement say would happen at the end of the initial 6 months? Did it say the tenancy would go from one month to the next or did it say nothing at all? If it's the latter then your tenancy would have automatically renewed for another 6 months and another and another and so on. It's called tacit relocation.

If you've moved all your belongings out just let them do the viewings and focus on your new home. Agree a check-out date and do the cleaning and any repairs just before the check-out date, then hand the keys back and forget about the property. You might even look back and laugh like I have when I remember some of the crap LL I've had.

benjus

Why not just let them show the prospective tenants around? If the tenants want to move in before March 8th, you could offer to let them do so if the agent refunds you the pro-rata rent.

You might want to warn them that it's not in the condition you intend to return it in and that you'll be back to sort things out. Yes, they might make a fuss and threaten to keep the deposit, but you can always raise a dispute with the deposit protection scheme. They must have protected your deposit by 15 May 2013 at the latest - if they haven't you can take them to sheriff's court over it.

Squid101

Hi

Thanks for your responses.

Re the agreement, yep month by month. Which makes me wonder how they can actually charge two months rent at the end?

Oh my goodness, this move has been a real eye opener! As the one side neighbour (him and her) were a mixed up couple who were both crazy, paranoid and in love with a car (dont ask!!) We have all sat back in our new home which is currently being renovated and said to each other "i feel so much more relaxed" When one of my kids said they were actually scared of the neighbours we felt so angry.

To be fair its the neighbours (only the one out of five) who have made us not want to rush back to finish up. I actually feel bad for the new people and the home owners.

This might explain my overall annoyance with this whole situation. BUT I am sure that the letting agent will try and take me for a ride and i wont let them.

Sorry rant over!

Smile happy face smile!!