Hi, this is my first post and would really appreciate any advice anybody is able to offer. (I am based in Scotland just for reference)
In March my landlord served me with a Notice to Leave which stated that I was to leave the property on the 1st of June as they were intending to sell the property as they claimed they could no longer afford it. I was advised by my local council not to leave the property on the specified date due to the current eviction ban in place. They explained that the landlord would need to go to tribunal to gain an eviction order.
After refusing to leave as advised, which was being handled amicably by both parties, my landlord started the tribunal process. I have recently received documents informing me that there is a tribunal telephone conference scheduled at the end of September for us all to participate in.
I have since this past week been able to line up another property which I am moving into on 5th September. I informed my landlord today of the development thinking my landlord would be relived as she told me on multiple occasions how much they can’t afford the property and has put a fair amount of pressure on me to find somewhere new. However in response she is now demanding a months notice and further rent payment. For reference the months notice she is seeking would take us past the tribunal hearing that is taking place where she is seeking to get me evicted.
I have tried scouring online but can find no answer for this particular scenario and am unable to contact any advice services until after the weekend.
Is anyone aware of what the legal expectation would be in this situation? I understand under normal circumstances I would provide her notice to end the tenancy but in this situation I am not the one who wants this tenancy to end. She served me notice to leave in June, I refused and have overstayed and now I am telling her I am complying with her notice to leave and I will be out of the property in just over a week.
I would ofcourse have preferred to give her more notice but the opportunity of the new property happened very quickly and genuinely thought she would have been relieved.
It seems bizarre that I would have to give a months notice after she already gave me notice 5 months ago?
Sorry for the long winded explanation and thanks for any advice offered
I’m not sure of the legalities but as a landlord, if you’d managed to find somewhere else, I’d be over the moon that you’d be out without the need to do telephone mediation, etc.
Have you continued to pay the rent on time? I would expect you to continue to pay rent until you move out, and in the circumstances, I’d be happy with you paying rent to cover upto 5th September.
I’d wait for other more experienced landlords to come along and comment but my feeling would be to leave on 5th as planned, pay rent up to and including 5th September, and then see what happens. In my view, the LL would have a difficult time chasing you for any additional rent when they gave you notice to vacate by 1st June.
Yes I’ve continued to pay my rent fully and on time through the whole process, my rent is due on 6th of each month so doing it the way it’s worked out means it keeps it tidy and avoids any partial rent payments or anything. It just feels like the landlord is trying to have her cake and it. While I’m not a landlord, I would have expected most landlords in her position to be relieved if the tenant resolved the issue without them having to follow the legal eviction process through to the end.
I think you should tell them thats not going to happen and that they should either agree in writing to release you on 5 Sept with no penalty or you will lose the place and be forced to remain in their property for the foreseeable future.
Seems very silly on the landlords part how would they explain their actions during the phonecall/tribunal? I would have thought in these circumstances the notice has already been served on part of your landlord and I personally would put in writing that following their notice period of x date you have now, despite your over stay, have found a suitable property and will be leaving the property on x date bringing the contract to an end on x date in compliance with their request for you to vacate the property. Pay all rents owed to that date and request your deposit. What’s the come back? I asked the tenant to leave they over stayed then found alternative accommodation but I said that despite the notice to leave and the pending tribunal they had to stay it’s just bonkers