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  1. I have a query relating to a situation my partner finds herself in. This is happening in Scotland if it makes a difference. A little background first to let you know why we find ourselves in this position: My partner rents a house at the moment and the tenancy is managed by a letting agency. She has lived in the property for around 6 years, slightly more, and in January this year renewed her tenancy for a further 6 months. She did this knowing we were about to begin looking for our first home together, however we both felt it was a good idea to give ourselves some time without having to worry about a roof over her head. At the time of renewing she inquired with the letting agency whether a shorter-term lease might be available but was told 6 months was the minimum they would offer. She agreed to that, however she was told that at any time she could pay them £180 to readvertise the house. If they found another suitable tenant the tenancy would transfer and she would no longer be liable for the remaining rental period. We thought that seemed a bit steep but agreed. Move forward a month and we have quite unexpectedly found a house we love, we've bought it and get the keys in a few weeks time. As a consequence my partner popped into the letting agency, paid the £180 and they readvertised the house. Within a day they found someone who wanted the house and paid a holding deposit. As far as we know they haven't signed any formal agreement yet, however the letting agency are no longer advertising the house. I'm finally getting to my question you'll be delighted to hear. We checked with the letting agency about what would happen if this new tenant pulled out. We were more than a little shocked to hear that they plan to hold my partner liable for the rent up to the end of the 6 month period. That probably seems quite reasonable, except that she paid her £180, they readvertised for less than 24 hours and found a new tenant. Can they really take her money, essentially not readvertise the house, yet continue to hold her liable?
  2. Hi guys I need a bit of advice here, because I'm afraid my situation has become more of an issue that I thought it would be. If I explain the whole chain of events it might be of help. So, In March 2013 I moved into a property on a 6 month short hold tenency. I signed the contract and my then partner was credit checked like myself as she would be spending a lot of time at the property but not living there. I had no problems with this and all was fine. In the November of 2013 we were offered another property for better rent and closer to where we wanted to live, so I spoke to the landlord and explained the circumstances, he was more than understanding and we also agreed that because my finances were tight and that I was paying the rent, that using the bond as the final rent payment would not be a problem. Well unfortunately the move fell through, there was an issue with the mortgage people, I dont know the ins and outs but the short of it was the we couldnt move in. So, I went back to the landlord and asked him if we could stay in the property, he was happy with this and said he didnt really care aslong as the rent was paid, his only stipulations were he wanted another 6 month contract, no issue there. So myself and partner went to the letting agents and as we were signing the contract it came to light that the landlord wanted us both on the tenancy, well I didnt have an issue with this nor did my partner so we signed a 6 month short hold joint tenancy. The only question we were asked by the letting agent was, was there any rent owing? rightly we said no. A few days later, I had the landlord on my case about us now having no bond, I in a round-a-bout way said what would you like me to do about it? he seemed more annoyed that the letting agents had made a mistake, it pretty much was left there and didnt come up again. There were no more issues of any magnitude for a period of time now. Fast forward to September 2014 I was involved in a nasty car accident, I was off work for 6 months and had to undergo a lot of doctors, neurologist checks and tests and things, I had some short term memory issues and am now medicated on beta blockers indefinately, with proper medication for diagnosed migraines. I was off work for 6 months and because of my employers sickness policy I was as of November 2014 put on SSP. This really screwed with my income and my partner not being in work really hit us hard. However, as should be done I spoke to the Landlord about the situation and said I was going to claim Housing benefit and council tax reduction until my pay returned to normal, would he accept this? After some umming and arring he agreed to this, his only stipulation was to make sure he was paid by the 13th of the month still, again not a problem. I would use the benefit plus the SSP to pay the rent. I organised everything with the council via phone and letter to make sure it was all done properly. During this period I stayed with my parents for 2 weeks as I needed a break, well my partner had a few friends round and one of them managed to pull the shower screen from the wall by pushing it the wrong way, pulling 2 tiles off the wall with it, it was an accident and not made any easier by the fact it was actually upside down and kind of useless anyway, but it needed to be repaired nevertheless. Unfortunately the accident and the financial strain we were both under now, increased the pressure in our relationship 10 fold. To the point where my partner who has ADHD snapped and things became violent, especially with alcohol involved. I cant drink and dont drink anyway, and it really ruined everything for us. One instance in particular in early 2015 involved my partner totally trashing the house, and then being arrested for domestic violence. She had thrown a solid glass ashtray at one of the double glazing windows that make up part of the front door and shattered it, throwing my phone at several of the walls had made marks in the plaster, 2 of the 5 doors in the house had holes put in them and the airing cupboard doors took a beating, where the living room door and spare room door had been swung with force and the door hit the frame, the doors had fractured the full vertical length, she also kicked the living room door that hard it cracked the bottom panels of the door and pushed the frame of the door forward cracking the plaster on the wall. The neighbours not only called the police but also informed my landlord, who up until I told him it was just the front double glazing that was damaged wanted us out of the property. Which to be fair to him was not in my eyes unreasonable, but after I had spoken to him and told him I would sort the repairs out, he was ok with. I didn't dare say anything else about the house, I was so embarrassed, but I made arrangements to have it all fixed straight away. My partner decided that she was now done with our relationship and told me she was taking herself off the tenancy, she messaged me to say she had also messaged the landlord to get him to take her off the tenancy and he had said ok no problem. This was a relief as now I could just focus on getting all the repairs done, I had all the holes in the walls and doors filled and sanded, I invested in a tile cutter and had the times re-grouted to the wall, minus the shower screen, it wasnt damaged just needed 4 screws into the tile and plaster to put it back up the right way round. Over the next couple of months myself and partner tried to reconcile with each other, it didnt really work out and we spilt yet again, this time she decided it was time to move all her stuff out of the house, I somehow managed to short the landlord by £250 in all the commotion, it was a pure accident, I admitted the mistake and said I would square it up with him, this moves us upto the 10th of June 2015. The financial strain on me at this point was unbearable I couldn't afford to live, so after speaking to my mother and father we all decided enough was enough and just pack my job in, cancel the benefits and get out. I messaged the landlord on the 11th of july, two days before the rent was due and bascially explained that my situation was untennable and I was giving notice that I would be out of the property by the 13th of July. I woulld also have the final months rent and the outstanding £250 squared up with him by this date, his reply was 'ok' After handing in my notice at work, they allowed me to leave a week earlier than planned so instead of finishing on the 3rd of July I actually finished on the 26th of June, so I spent the week cleaning the house top to bottom, I cleaned the ceilings, floors, sideboards, carpets, walls, mopped everything the works. I wanted the house to look as good as it did before I moved in, I wouldnt leave any propety in a mess, it is just pointless. I not only packed my stuff, but my partner had left a lot and I mean a lot of items in the house, cupboards, chests of drawers, countless numbers of bags full of clothes, so I packed these also. Obviously splitting it all. I made her aware of my intentions to be moved out by the 13th but she didnt have the space straight away to move everything so I agreed that she could come and sort everything out, find somewhere to put it all and have it out by the 13th. She also was able to sell some of the bigger items like the fridge and washing machine, and give other things like a desk and such to family members. A chance phonecall off my father meant rather than me try to arrange a removal company, he would come and pick me up on the 4th of July and we would get all my stuff out of the house. I informed my partner of this, and after some heated exchanges she agreed to come and get everything else out. Things quickly deteriorated here and rather than come and sort out her stuff, she did other things. So come the morning of the 4th July my mother and father arrived in the morning, we packed and left. All that remained for my partner was to collect her belongings and post the spare key. I would pay the landlord the rent plus the outstanding arreas and we would be done and dusted. Well things never being that easy, my partner decided that the house wasn't upto scratch to move out, even though I had my parents look at the job I had done and they said it was over and above what would have been expected, they rent out property too. So she took it upon herself to further clean the property, I kept saying to her just take your stuff as your not a tenant and post the keys. Well she was adamant I hadnt done as good a job as I thought and sent me regular pictures over the next few days of each of the rooms, all I can say was each room was spotless, top to bottom. Not neccessary for her to do anymore, but she did and there we were. As for handing the keys back she just kept saying she had until the 13th to get all her stuff out and she would organise having the keys sorted, she had the spare key. Coming to yesterday now, I was out with some friends and missed a call from the landlord and a message asking if I could meet him this week sometime, I was unable to reply as I had no phone service. Today however, he went to the property, and my partner who was just finishing off leaving answered the door. Apprently the landlord had been ringing me constantly for 2 days, I only recieved the one call. And my partner gave the landlord the address of where I had moved too, and both my mother and fathers phone numbers. He then in her words, went on about taking her to court for unpaid rent and such and that she was still on the tenancy, that weas news to me and she had told me she wasnt, why wouldnt I believe her, infact I was glad of it when she told me she had taken herself off. He then must have tried to call my parents several times, who both had no clue who's number was calling them, my dad didnt answer, but the landlord left a message without even introducing who he was, voicemail merely said, ' I am looking for a guy named Stevo7790, can you ring this number'. Imagine my delight at having to be quizzed by my parents as to why some bloke had rang their personal phones asking for me. Speaking more to my partner who I am either assuming was exaggerating the conversation with the landlord or he was doing it himself, claimed he had constantly rang my parents with no answer. Well they would, they didnt know the number or who he was. This morning before any of this, I paid an initial payment of £650 to the lanrdlord, I will have to pay the outstanding £150 by the 13th of July and I have no issues with this, because as per my communcation with him, I had said I would have everything paid by that date, which he agreed to. I have messaged him this evening to reassure him I have not done a runner or anything, I owe the money, I stayed there, I will pay it. This brings me to some questions and I need some help and advice here please: Because there is no bond, does this cause any issues? Now if there is any costs for anything that he determines as damage I will happily pay for them, but I didnt have an inventory when I first moved in either, so thats going to complicate things isnt it? Plus aside from the shower screen, which isnt damaged and I had the tiles repaired and replaced would just need fitting, so yes I will pay for the work to be done. Because my partner was either dishonest or the landlord lax, and she is still a tenant, does that mean that the landlord will go for her and not me for any other costs because I vacated and was still there? To be honest I'd rather just have it all over and done with. My parents arent pleased the landlord called them, is this something he is entitled to do? The landlord came to the propertly because allegedly he and persistently tried to get hold of me for 2 days, and that I wasnt answering his calls or messages, Well the reality is I had one missed call and a message I was unable to reply to, is just turning up at my doorstep without prior arrangement something he can do? Finally, have I done anything wrong in moving out when I did, before the 13th of July, even though I indicated this? There was no mention of an ad-hoc get together with the landlord before I left and I didnt expect one. The property is in lovely condition and personally I'd move in if I saw it. For all the landlord could know I might have been on holiday until the sunday, or any number of things, I had given the right period of noticed and advised the landlord in a way he deemed acceptable so I have shot myself in the foot in anyway? And ofcourse, either way I would have paid the final rent and outstanding arreas. The only reason I did it like this, was because in a previous property I did exactley the same thing where I left a little early, emptied the property, cleaned then on the due date paid the final rent and posted the keys, there was no issue there. Any help or advice would be greatly appreciated Thanks Steve
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