Can they hold Landlord responsible?

SpiderLegs

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.

Let’s assume they ask the LL to pay an 11 month contract. Then let’s assume the LL tells them to jog on.
If they don’t want to get into a legal fight then what ‘justice’ do you expect?

Personally I would ask the question and then if rejected get into a legal fight as soon as possible.

davidmcn

Surely the son of a major Edinburgh letting agency can pick one of the unoccupied properties on their books?

maggiesoup

That was my next step. Trying to get him to pay it, very doubtful though.

And yes, that's exactly what's getting my goat. The son of a wealthy property letting agent "needing" to move back into his own flat, smells of taking advantage of a pair of first time renters but he is covered by the law in giving 28 days notice, that's what annoying.

maggiesoup

I'm afraid no 3 is the legal answer. Yes, I'm aware they have been served notice within LL's rights, but morally it's unjust and totally unfair.

G_M

Hasbeen wrote: »

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

Wow!


and I was under the impression the Scots were more protective than the English of their tenants.


Seems a 12 month tenancy in Scotland provides only 28 days security from eviction, given the extensive grounds.


English S8 Grounds are similar, but have greater conditions. eg in this case, to implement the ground for a LL wishing to move into the propety himself, he would have had to provide the tenant, in writing, and before the tenancy started, with a notice saying he may later wish to do this.

jonnygee2

sent an email full of apologies saying he needed to move back into his flat and gave them 28 days notice.

The email was full of apologies, indicating some kind of remorse from the LL. Maybe that remorse can be converted into the £150 or so that the contract is worth?

I think I'd start with a really disgruntled email mentioning how inconvenient this is in many ways, slipping in several times the problem of the x amount for the internet contract, and wait to see if the LL offers some kind of 'solution' that is in your favour.

D_M_E

Does an email count as notice being served, or should the notice have been served by post through the letterbox to be valid?

onwards&upwards

maggiesoup wrote: »

That was my next step. Trying to get him to pay it, very doubtful though.

And yes, that's exactly what's getting my goat. The son of a wealthy property letting agent "needing" to move back into his own flat, smells of taking advantage of a pair of first time renters but he is covered by the law in giving 28 days notice, that's what annoying.

He only has the right to ask them to leave, if they don’t believe the ‘moving back in’ story is true, they should go to the tribunal and he will have to give evidence.

maggiesoup

Yes, I'm going to keep an eye on what happens to his flat after son leaves. If it transpires that he lets it again then we have grounds to go to a tribunal. Of course, he will realise this and so I suspect he's probably going to let it to a friend of his so we will never know. Yes, definitely try to go for the strongly worded email asking him to pay for the Virgin contract on the grounds of his "empathy"

Thanks to all who posted, really appreciate your time.

Hasbeen

maggiesoup wrote: »

Yes, I'm going to keep an eye on what happens to his flat after son leaves. If it transpires that he lets it again then we have grounds to go to a tribunal. Of course, he will realise this and so I suspect he's probably going to let it to a friend of his so we will never know. Yes, definitely try to go for the strongly worded email asking him to pay for the Virgin contract on the grounds of his "empathy"

Thanks to all who posted, really appreciate your time.

Would say after they voluntary move out. It is to late to go to a tribunal. He can do what he wants with it.

4. Landlord intends to live in the let property
This ground applies if your landlord wants you to move out of the property so they can move in.
Evidence could include an affidavit (a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace, that can be used as evidence at the Tribunal) saying this is what they are going to do.


It can take months to evict.

I would suggest that they ask Landlord to pay any cancellation fees etc and they will move out.

Or threaten to let it go to tribunal stage.