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Can you move out if landlord repeatedly breaks terms of lease

(13 Posts)
Zumbarunswim Sun 11-Jun-17 18:35:32

Am in Scotland. Renting a house. One year lease due to end in September. The following issues:

1) I've received a "notice to call in security" as landlord has mortgage arrears of over £13k

2). My deposit is being held by a neighbour (they look after the house on the landlords behalf but they aren't named on the landlord register and as far as I know the deposit isn't in the government scheme)

3). The landlord has been calling round and coming into the house without giving me notice

4). Repairs haven't been carried out when needed. I had to pay from my own pocket to repair a broken kitchen tap (wasn't broken by me)

5). On Saturday I received the following text:

Hi,
Let me recap and update you on my status. I now have agreement with Halifax and every letter will stop henceforth, they will send a letter to the property and same to my Nigeria address but unfortunately I won't be able to show you the letter now until I receive it in Nigeria.
Furthermore, if you are on whatsapp you can reach me on whatsapp on this number should need be and finally, you will now pay £1100 as your rent but in the event you don't have the additional £100, <neighbour>will pay it from your deposit until you are able to make the payment.
Please confirm you are happy with this

I replied to say I'm not happy and to accept a months notice I am moving out. I was upfront with the landlord in the first place that £1000 per month was my absolute limit. He is saying I need to carry out the notice period or he will keep my deposit. Neighbour is saying I need to sort it out with him. The lease says he cannot put my rent up until September and even then it's only 5%. I also believe there are procedures he should have followed (he only texted 2 weeks before my rent is due)

Does anyone know what my rights are? I feel really vulnerable and scared at the moment as I'm own my own with 3 kids. He came round last week with the neighbours and I felt outnumbered and intimidated. Is there a point at which his behaviour will have rendered the lease invalid? Is there any chance I can get my deposit back?

GinSwigmore Sun 11-Jun-17 19:07:47

www.gov.scot/Topics/Built-Environment/Housing/privaterent/landlords/tenancy-deposit-schemes

based on the info you have given, you would be legally entitled to go to a sheriff and claim 3x the deposit back if it wasn't put in a proper scheme.

You could threaten him with that.

As for putting your rent up, he cannot legally do that.
but if you are signed up until the end of September and still have nearly three months to go you cannot give notice early without rent still being due.

Zumbarunswim Sun 11-Jun-17 19:29:26

Wow! Thanks! I didn't know about that at all!

Zumbarunswim Sun 11-Jun-17 19:30:13

Although if the house is in repossession proceedings am I not within my rights to leave before i am evicted?

MoreProseccoNow Sun 11-Jun-17 19:49:40

Why don't you try the Scottish Board of the Landlordzone forum? It's free to post & you don't need to join.

Or CAB or Shelter Scotland.

The whole thing sounds nuts.

SnowBallsAreHere Sun 11-Jun-17 19:56:36

^^ landlordzone are excellent.

MoreProseccoNow Sun 11-Jun-17 20:22:34

Just checking you have a tenancy agreement in place? Particularly a Short Assured Tenancy? And we're you served an AT5 at the beginning of the tenancy? Are both documents signed, dated by both you & LL?

Zumbarunswim Sun 11-Jun-17 20:24:48

I've got a tenancy agreement signed by the neighbour but citizens advice say it's legally binding as I've been paying the rent and he's been accepting it. Not sure what the other document you refer to is.

Zumbarunswim Sun 11-Jun-17 20:25:17

Sorry an AT5- don't know what that is

MoreProseccoNow Sun 11-Jun-17 20:44:40

An AT5 is a form which must be completed & served on you before a SAT can be started:

http://scotland.shelter.org.uk/getadvice/downloadss_andtools/jargonbuster/jargonbusterr_terms/a/at5

Zumbarunswim Sun 11-Jun-17 20:57:46

Thank you all, so helpful, knot in my stomach is gone! flowers

whataboutbob Sun 11-Jun-17 21:28:57

Definitely post on Scottish board on landlordzone, they really know their stuff there. They are very hot on deposits being properly protected and quite scathing of landlords who don't. I really don't know if the neighbour holding your deposit is Kosher. Sounds odd. If the lease says September and 5% and he wants to put the rent up by 10% now that also sounds wrong. You could also go to the CAB.

whataboutbob Sun 11-Jun-17 21:29:41

Sorry I see you have already been to the CAB.

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