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  • FIRST POST
    • dekaspace
    • By dekaspace 5th Jan 18, 6:51 PM
    • 4,430Posts
    • 3,957Thanks
    dekaspace
    Asking for friend again (Scotland query)
    • #1
    • 5th Jan 18, 6:51 PM
    Asking for friend again (Scotland query) 5th Jan 18 at 6:51 PM
    Sort of an update to previous issues (and its hard being second hand in the issues even more so when the friend has serious mental health issues)

    Ok backstory, moved to his flat feb 2017 with another friend whom I set up together, friend had income issues and fell out with friend 2 and so friend 2 handed in 1 months notice to landlord, landlord accepted the notice despite landlord not asking friend 1

    Friend 1 got his housing benefit reassessed but due to the council only starting full benefit from the start of the next rental month there was a £60 shortfall (i.e friend 2 moved on 3rd of month, rental contract was 16th of every month so council paid full from 16th of every month)

    Landlord a few days before Christmas sends a letter stating theres a shortfall in rent, and friend needs to sign new contract, since friend 2 moved out friend 1 has paid 3 sets of rent inc 1 full months.

    Landlord turns up today when friend has a (very trustworthy) visitor stating friend has no contract, and friend has to move out unless he signs new contract with a guarantor.

    Im thinking since the landlord has accepted 3 rents till this point (and friend is technically no longer in arrears due to the way lha is paid) legally in some way is that accepting him as living there so he has the rights as a normal tenant?
Page 1
    • Slithery
    • By Slithery 5th Jan 18, 7:00 PM
    • 721 Posts
    • 1,129 Thanks
    Slithery
    • #2
    • 5th Jan 18, 7:00 PM
    • #2
    • 5th Jan 18, 7:00 PM
    Ok backstory, moved to his flat feb 2017 with another friend whom I set up together, friend had income issues and fell out with friend 2 and so friend 2 handed in 1 months notice to landlord, landlord accepted the notice despite landlord not asking friend 1
    Originally posted by dekaspace
    Did they have separate rental agreements or was it a joint tenancy?
    • dekaspace
    • By dekaspace 6th Jan 18, 10:17 AM
    • 4,430 Posts
    • 3,957 Thanks
    dekaspace
    • #3
    • 6th Jan 18, 10:17 AM
    • #3
    • 6th Jan 18, 10:17 AM
    Did they have separate rental agreements or was it a joint tenancy?
    Originally posted by Slithery
    Joint tenancy.
    • theartfullodger
    • By theartfullodger 6th Jan 18, 11:41 AM
    • 9,586 Posts
    • 12,899 Thanks
    theartfullodger
    • #4
    • 6th Jan 18, 11:41 AM
    • #4
    • 6th Jan 18, 11:41 AM
    Suggest you 'phone Shelter Scotland 0808 800 4444 after 9:00am Monday.

    One of several joint tenants is not able to end a joint tenancy by only their notice so landlord got that wrong.

    As landlord has accepted rent I agree, there is a tenancy: The only legal way he can evict is taking tenant through the courts. Any silliness from landlord collect dates, time, evidence. Speak to Shelter Monday.

    Slàinte mhath!
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