AIBU to expect my LL to let me out of lease early (Scotland)?

(12 Posts)
pipserypopssr Wed 19-Oct-16 19:04:01

I live in a 2 bedroom rented house in Scotland with my DP.
My landlord has always been OK (been there for 2 and a bit years), no problems, have met her monthly at her inspections and she always seemed friendly.
A month ago, my neighbour through the wall (semi detached) had a new shower/bath put in and it flooded my bedroom and kitchen wall (no water really inside my property but the wall was very wet to touch).
The damp patch runs from floor to ceiling and hasn't been fixed.
I must add that the same neighbour had flooded my walls previously, maybe a month before, with her old bath which was the main reason for her and her DF ( they live together) having the new bathroom installed.
My landlord got the dampness fixed the first time round (well just painted over it) but this time it's more extensive.
One kitchen wall has some mould spores (around 3-4) but the bedroom has more (50 mould spores?) on the wall.
My lease doesn't expire until April 2016 but I want to move out. I had to move all my furniture/clothes/kitchen stuff the first time round and just can't face it again especially as she (LL) says it will be 3-4 weeks of major works.
Legally, I don't think I can get out of a short assured tenancy in Scotland :-(
but do any of you have any advice on how to go about proving that my home isn't safe to live in, or even any advice on where to go from here.
LL is insistent I remain in the property until April unless they can get a new tenant beforehand (unlikely due to mould I would imagine).

AIBU to hope that legally I can get out of the lease?

pipserypopssr Wed 19-Oct-16 19:05:05

Sorry meant April 2017!

ItsAllGoingToBeFine Wed 19-Oct-16 19:08:48

I don't think you can, unless you can wangle something because of the repairs that will need to be done.

As an aside, make sure you give LL 40 days (?) notice or the tenancy will automatically renew...

tava63 Wed 19-Oct-16 19:14:42

Your landlord has a responsibility to keep your property in a habitable state - this doesn't seem the case - also have you re-signed a six month lease as I thought in the case of someone who is there after six months it is 2 months notice? Also is your landlord registered with your Council - they should be - you could seek guidance from your Council and/or Citizen's Advice Bureau. Best of luck.

Coffeethrowtrampbitch Wed 19-Oct-16 19:16:50

Try contacting the Private Rented Housing Panel, and your Local Authority.

Your ll is required to keep the property in a habitable condition, and the two bodies above are responsible for arbitration between ll and tenants when repairs need done.

Perhaps if your ll sees there is no way to avoid repairing it properly, and it may be their responsibility to house you if it makes the property uninhabitable for a period of time, they will agree to let you out of the tenancy early.

pipserypopssr Wed 19-Oct-16 19:18:40

Thanks for your quick replies, I'm feeling helpless just now and so annoyed that I'm paying £650 per month to live in a house I'm too embarrassed to have anyone over to!

pipserypopssr Wed 19-Oct-16 19:22:19

Tava - it is a year's lease - I signed back in April when all was well.

I thought it was 2 month notice as well, but my LL has assured me this is not the case and I am liable to be there until April, unless she get's a new tenant beforehand which is unlikely due to the mould spores.

CAB (Scotland) have advised me to contact Environmental Health due to the mould - goodness knows how long they'll take to get back to me.

tava63 Wed 19-Oct-16 19:43:39

I am no expert on this and hopefully you will get someone who is but I thought short term assured tenancies were only six months in duration

ItsAllGoingToBeFine Wed 19-Oct-16 19:47:39

I thought short term assured tenancies were only six months in duration

They are as long as specified in lease.

Amanda89x Wed 19-Oct-16 19:53:04

I got out of my lease early as we had a issue with the roof leaking through our kitchen and bedroom ceiling so could be worth asking. (I'm also in Scotland if that helps)

mur12345 Fri 21-Oct-16 22:23:48

Hi OP,

When did the landlord say that they will do the work?

CitySnicker Fri 21-Oct-16 23:06:35

Check your lease. Standard short assured tenancies in Scotland run for 6 months then with rolling month to month contract after that. I wonder if the year thing is one of the items you can sign against but means bugger all legally. Citizens advice? Normally notice for tenants is 1month after initial 6 months. Check your deposit is lodged properly too.

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