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Early termination of lodging (Scotland) - liability

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CaptainJ · 04/07/2021 20:35

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.

  1. 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.
  1. 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!

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