Can they hold Landlord responsible?

maggiesoup

Son and his GF moved into the first rented flat together. They signed up to a 1 year contract with Virgin but 4 weeks into their rental, the Landlord (who is the son of a major Edinburgh Letting Agency) sent an email full of apologies saying he needed to move back into his flat and gave them 28 days notice. Bitterly disappointed, they contacted Virgin explaining that they have to either put on hold or terminate the contract, through no fault of there own, but they haven't even replied to them. I'm tempted to send the remaining 11 month bill to the landlord but I'm pretty sure he's tell them it's not his responsibility. So unfair. Any advice please?

Hasbeen

maggiesoup wrote: »

Son and his GF moved into the first rented flat together. They signed up to a 1 year contract with Virgin but 4 weeks into their rental, the Landlord (who is the son of a major Edinburgh Letting Agency) sent an email full of apologies saying he needed to move back into his flat and gave them 28 days notice. Bitterly disappointed, they contacted Virgin explaining that they have to either put on hold or terminate the contract, through no fault of there own, but they haven't even replied to them. I'm tempted to send the remaining 11 month bill to the landlord but I'm pretty sure he's tell them it's not his responsibility. So unfair. Any advice please?

https://www.gov.scot/publications/private-residential-tenancies-tenants-guide/pages/grounds-for-eviction/

https://www.virginmedia.com/help/virgin-media-how-to-cancel

silvercar

How long was their initial contract? Normally it is for 6 months or 12 months. If so, then the landlord is out of luck if he just wants them to move out, he needs to wait until their contract ends or pay them enough that they agree.

maggiesoup

Landlord (who - as I mentioned - is the son of a major letting agency in Edinburgh) obviously knows his rights, only needs to give 28 days written notice which he has so he is within the law, I think the law is different in Scotland to dow south. its the Virgin contract for 12 months that's really bugging me. Surely any agent would assume that a tenant would probably sign up to a contract.

agrinnall

maggiesoup wrote: »

Landlord (who - as I mentioned - is the son of a major letting agency in Edinburgh) obviously knows his rights, only needs to give 28 days written notice which he has so he is within the law, I think the law is different in Scotland to dow south.

All that means is that the LL has grounds to seek possession of the property, not that the tenant has to leave on his say so. If you read the link that Hasbeen gave you'll see that if the tenant refuses to leave the LL has to apply to the First Tier Tribunal for an eviction.

maggiesoup

OK I'll have a look in detail tonight. Think they just want to move on and not become embroiled in legal fight. They just want some justice for 11 months of Virgin contract that they won't have. I've posted on Broadband forum too in case someone there can help.Thanks anyway.

anselld

maggiesoup wrote: »

OK I'll have a look in detail tonight. Think they just want to move on and not become embroiled in legal fight. They just want some justice for 11 months of Virgin contract that they won't have. I've posted on Broadband forum too in case someone there can help.Thanks anyway.

They can transfer the Virgin contract to wherever they move to. No need to cancel assuming the new place is Virgin compatible.

maggiesoup

The problem is, they are moving back with me and I already have a Virgin contract, hence the reason I recommended them.

AnotherJoe

I suggest they are difficult to the point the LL,pays recompense for the contract

G_M

You, and they, should

* not be focussing on the Virgin contract
*not be asuming that "Landlord (who - as I mentioned - is the son of a major letting agency in Edinburgh) obviously knows his rights" (or maybe he does but is not accurately explaining them to his tenants!
* be learning about tenants rights ( to which hasbeen has helpfully linked you)

saajan_12

I have no specific knowledge of Scottish tenancy law, but to make sure you've considered all possibilities (and someone with more knowledge can fill in the legal blanks)

1) If there was a contract for a 1y+ accommodation in return for rent then outside of the tenancy situation, presumably they can sue for concequential losses of breaking that contract.

2) If the notice was invalid or the tenants don't have to be out by the date LL wants per tenancy law, then the tenants can negotiate an early termination ie vacate by X date, in return for £ which happens to cover the virgin bill etc.

3) If the notice was valid under tenancy law AND there was no contractual agreement for 12 month tenancy, then it was the tenants' choice to pick a cable company without the right to expect they would be there to use it long term.. No recourse.