Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 2 weeks ago 35
I am a tenant in Scotland. I rented my property through a letting agent. The let ran for the 6 month assured Scottish tenancy and then the landlord came out for a ‘visit’ he called it. When he arrived he brought a bunch of paperwork telling me he was taking the tenancy on himself and cutting out the agent which he does with all his properties.
He had new documents for me to sign, saying they were just the same as the letting agents, making me feel that I had to sign them to remain in the property, and effectively tying me to the lease for a further 6 months, which wasn’t really a problem for me, I did find it a bit rushed though and I obviously felt I had no option but to sign.
The new fixed term has now expired but it has now become apparent that the new lease shows a longer notice period than that on the original lease. Am I now held to this longer notice period ? I find this very unfair as I felt I had no option but to sign the new lease at the time and especially as the landlord had told me that the terms were just the same as the previous agreement.
I am in a situation now where I need to move, and rather quickly due to being relocated after a previous domestic violence situation. Other landlords whose properties I have looked at are not willing to wait out the longer notice period before I move into them. Therefore, my only option appears to be take one on in a months time, meaning that I would have to pay double rent for the extra period in between.
I would find this very difficult, I am a carer for my daughters, one of whom has autism and I survive on benefits. I have never defaulted on a payment for anything and my landlord has even given me a reference saying I am a dream tenant that he doesn’t want to lose.
Do I have to pay him the longer notice period than originally on the contract that I signed when I took the house?
Is there any legislation you know of which I can quote back to the landlord such as the statutory notice period being 30 days regardless of when the contract says? If not, do you think it is worth me fighting this on the grounds that I signed the new lease under duress and was intentionally mislead?
Thank you for your help.
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