Early termination of lodging (Scotland) - liability

Willrun4cake

I would be grateful for some advice - I have recently given my live-in landlord (Scotland) notice of 28 days for the following issues: 

1.I am a common law tenant living with the landlord and one other professional. I moved into the property  under two months ago and quickly discovered that the live in owner has an alcohol problem. They order uber delivery vodka in the early hours, vomit in shared spaces and do not clean up after themselves, it's genuinely an unpleasant living dynamic for me and the other housemate.  I also have a young child that visits on weekends and this is not the living environment I want them to be exposed to. 

2. The landlord also verbally stated before I signed the agreement that there was parking which is not the case as it is all permitted with space for their car only.  

3. Myself and the other housemate recently got together (unexpectedly), and since then the landlord has made some pretty inappropriate comments - mostly directed toward my female house mate. The landlord apologised via messenger for "taking things out on us" - however this is the main reason why the other housemate has also submitted their notice. The landlord was fine with this and accepted their notice with no issue. 

- However in my case, after giving notice stating personal reasons the landlord has said that unless they find a replacement I will be liable for the 6 months. 

Please can I ask for guidance from those that have expertise on how to handle this situation, I feel unfairly treated by the landlord, and really quite frustrated that they are advertising this property as a professional house share when the past two months have felt like live-in home help. 

As a common law tenant am I liable to pay the remaining months left on the contract? And if I was to be taken to court would the above issues (I have paper trail for issues) be sufficient grounds? I have a tenancy agreement (which was never signed by the landlord and only says provisional on it) which states that the contract is a non assured agreement.

I basically want to communicate to the landlord the personal reasons for my early departure in a delicate yet assertive way as I still have to live here for a short while longer. 

Thank you in advance for reading this post! 

dimbo61

Have you signed a Tenancy Agreement or are you a Lodger ?
Did you pay a deposit ?
Not sure if rules are different in Scotland compared to England and Wales.
Contact Shelter Scotland or CAB and get  advice from them.
I can't see an alcoholic LL trying to chase you for 6 months rent unless you have signed a Legal Tenancy agreement, Has the Landlord complied with all the regs IE got an EPC, EICR, registered the deposit if you paid one.

theartfullodger

'phone Shelter Scotland 0808 800 4444.

zagubov

dimbo61 said:

Have you signed a Tenancy Agreement or are you a Lodger ?
Did you pay a deposit ?
Not sure if rules are different in Scotland compared to England and Wales.
Contact Shelter Scotland or CAB and get  advice from them.
I can't see an alcoholic LL trying to chase you for 6 months rent unless you have signed a Legal Tenancy agreement, Has the Landlord complied with all the regs IE got an EPC, EICR, registered the deposit if you paid one.

This is one of those areas where tenure of accommodation is different. In this case, it's more formal; usually it benefits the lodger, but we need more local knowledge of how different this is from the English/Welsh system.
As @dimbo61 and @the@theartfullodger said, time to contact Shelter Scotland.

[Deleted User]

dimbo61 said:

Have you signed a Tenancy Agreement or are you a Lodger ?
Did you pay a deposit ?
Not sure if rules are different in Scotland compared to England and Wales.
Contact Shelter Scotland or CAB and get  advice from them.
I can't see an alcoholic LL trying to chase you for 6 months rent unless you have signed a Legal Tenancy agreement, Has the Landlord complied with all the regs IE got an EPC, EICR, registered the deposit if you paid one.

It’s not just that the rules are different in Scotland it’s that the law is completely different. Scotland follows Scots Law not English law. 

Lodgers are common law tenants in Scotland. 

[Deleted User]

Willrun4cake said:

I would be grateful for some advice - I have recently given my live-in landlord (Scotland) notice of 28 days for the following issues: 

1.I am a common law tenant living with the landlord and one other professional. I moved into the property  under two months ago and quickly discovered that the live in owner has an alcohol problem. They order uber delivery vodka in the early hours, vomit in shared spaces and do not clean up after themselves, it's genuinely an unpleasant living dynamic for me and the other housemate.  I also have a young child that visits on weekends and this is not the living environment I want them to be exposed to. 

2. The landlord also verbally stated before I signed the agreement that there was parking which is not the case as it is all permitted with space for their car only.  

3. Myself and the other housemate recently got together (unexpectedly), and since then the landlord has made some pretty inappropriate comments - mostly directed toward my female house mate. The landlord apologised via messenger for "taking things out on us" - however this is the main reason why the other housemate has also submitted their notice. The landlord was fine with this and accepted their notice with no issue. 

- However in my case, after giving notice stating personal reasons the landlord has said that unless they find a replacement I will be liable for the 6 months. 

Please can I ask for guidance from those that have expertise on how to handle this situation, I feel unfairly treated by the landlord, and really quite frustrated that they are advertising this property as a professional house share when the past two months have felt like live-in home help. 

As a common law tenant am I liable to pay the remaining months left on the contract? And if I was to be taken to court would the above issues (I have paper trail for issues) be sufficient grounds? I have a tenancy agreement (which was never signed by the landlord and only says provisional on it) which states that the contract is a non assured agreement.

I basically want to communicate to the landlord the personal reasons for my early departure in a delicate yet assertive way as I still have to live here for a short while longer. 

Thank you in advance for reading this post! 

Who has this provisional contract that the landlord hasn’t signed? You or him? Is it the only copy? 

Willrun4cake

dimbo61 said:

Have you signed a Tenancy Agreement or are you a Lodger ?
Did you pay a deposit ?
Not sure if rules are different in Scotland compared to England and Wales.
Contact Shelter Scotland or CAB and get  advice from them.
I can't see an alcoholic LL trying to chase you for 6 months rent unless you have signed a Legal Tenancy agreement, Has the Landlord complied with all the regs IE got an EPC, EICR, registered the deposit if you paid one.

Hi thank you for your reply, my tenancy agreement says non assured as I am a lodger, yet still have to provide notice, I think I will follow up with the Shelter Scotland as the laws here are different.