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JGM, Solicitor
Category: Property Law
Satisfied Customers: 9980
Experience:  30 years experience in property law.
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we have been served a notice to quit and AT6 intention. We

Resolved Question:

we have been served a notice to quit and AT6 intention. We would like to give notice before as we have arranged a new abode. I would like help with a letter I have drafted witch I know to be juvenille but intend to send nontheless. Our l;and lord has been a nightmare and I am concerned about our deposit.

Letter will follow if you can help

I require

Insight into wether the letter will land us in trouble
Help with legal principles/law

Many thanks

Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
I can help you with this. Let me see your letter. Also I presume that you deposit is held in one of the deposit schemes. Can you confirm that this is the case?
Customer: replied 2 years ago.

veery sure it is in a deposit sceme we only been here 2 years




Thankyou for the Notice to Quit and AT6 Notice. They are however not required to end our tenancy as we hearby give notice in accordance with the short assured tenancy of our intention to leave the property on or before the 10th March 2014-02-03

We understand reasons are not required but would like to give Emma Mitchell and yourselves so insight as to how we came to this decision


We feel Emma Michellhas not carried out out her duties as landlord in a manner compliant with the law, the contract between us and the codes of conduct layed out in the National Landlords association.


In Brief


Emma Mitchell has:


1. On atleast three occasions entered the property without consent

(Landlord Tenancy Act 1985 sec 11 s.sec 6


2. On atleast 5 occasions entered the property by herself or with workmen without giving reasonable notice. Told when she was coming and Emma Mitchell made no attempt to inquire as to the apprpriateness of her visit

(Housing (Scotland) Act 1988 sec 22 s.sec 2


3. Unfortunatly Emma Mitchell decided to replace a working oven (5 ring gas burner large fan oven separate warming oven) with the cheapest model available in Curries as of 1/2/2014 and therefore not replaced like for like


4. Reduced our garden area and not the rent for a period greater than 1 year but no longer than 18 months

(No written tenancy amendments)


5. Failed to have the boiler serviced since the commencement of the contract (2/5/2011) and not provided any literature or reports

(Landlord and Tenancy Act sec 11)


6. Failed to have the chimney swept since the commencement of the contract (2/5/2011) and not provided and literature or reports

(Landlord and Tenancy Act sec 11)


7. Left the clean up of a burst pipe causing flooding (around 10 hours work) without thanks or concern to any of our belongings. Emma Mitchell’s attitude and behaviours led me to believe it was my fault. It certainly was not my fault as the plumber explained

(Landlord and Tenancy Act sec 17)


8. Brought in her father to fix the bath again after we had informed her of it leaking into the study/living room. We waited over two weeks they were in the property ten minutes and informed us it was fixed – It is not.

(Defective premises Act 1972 sec 4) (Landlord and tenancy Act 1985)


9. Failure to properly install suitable housing for gas bottles

(Housing Act 2004)Gas Safety Regulations 1998)


10. Failure to provide gas safety record

(Gas Safty Instilation and use 1998)


11. Failure to provide any literature on the septic tank or have it serviced/maintained as you are no doubt aware a contentious issue of responsibility.

(warren vs Keen 1954) Landlord and Tenancy Act sec 11)


at this point we are not requesting or interested in a response to these claims.


Although not a complete list these are re main areas of concern. After we had sought legal advice, we do not intent to pursue these claims at present although they are happy to represent us in the future. We have taken legal advice with regards XXXXX XXXXX prior to receiving contact with yourselves


Through comments made to us by others Emma Mitchell has not been portrayed in a pleasant way, our own dealings with her have not been pleasant either.


Our plan of action for the return of Foxgloves is as follows:


We are choosing to withhold our forwarding address until closer to the end of tenancy


We request Emma Mitchell does not contact us in any way (see points 1. and 2.)


We will be leaving the property before the 10/3/2014 and will inform in writing Mr Murray Little of any and all appropriate dates for Emma Mitchell to enter the property for inspection or viewings.


We will provide a representative to meet Emma Mitctcell for the purposes of the walkthrough. Unfortunately despite requests we were not provided with an itinery of contents.


Due to the perceived breakdown in communication and a high element of mistrust we are choosing to withhold our last months rent monies in light of Emma Mitchells behaviour until after the walkthrough where upon a written agreement will be made between Emma Mitchell and our representative as to the state of repair.


I ask you to remind Emma Mitchell we have paid over £11000 on time every time since the beginning of our tenancy and that our moral turpitude should not be in question. If required we can show evidence of monies held. We will pay our debt once an agreement on the state of repair of the property has been made and before the return of any and all deposit.


I believe this to be the best course of action before either party feel it necessary to pursue any civil actions. We most certainly have issue with Emma Mitchells practices and hope agreement is met as it would be our last resort to start civil proceedings.


I appreciate that the scedual laid out might not be in accordance with Emma Mitchells wishes but point out we will make good our responsibilities within a reasonable timeframe and hope Emma Mitchell will do the same. (Long before the intention to proceed with AT6 Notice). We are aware of our legal responisibilities.


After living in over ten rented accommodations and never had to respond to a landlords intention to take back a property and always maintaining good relationships with landlords it saddens me to feel this letter necessary but hope it finds you well.


As this letter was drafted before contact was made by yourself, please excuse any drafting errors


Kind Regards




David Humphrey Claire Mcgeorge



Customer: replied 2 years ago.

I replied to your question and sent letter did you recieve? the site took me to a prize section with no return

Expert:  JGM replied 2 years ago.
I have your draft letter. Unfortunately most of your statutory references apply to England only and the one which refers to the Housing (Scotland) Act 1988 is erroneous. I would not cite statutory or case references.

Can you tell me when the lease started, was it an initial six months, did it renew automatically or were there new leases signed at the end of each term and what period of notice is required for you to terminate the lease with an ish date of 10 March?

The legal position is that as the lease hasn't reached its ish date you should be able to give notice of whatever period the lease allows you as tenant to give, notwithstanding the service of a Notice to Quit by the landlord therefore you should be able to leave after the former notice period expires and reclaim your deposit. Where is the deposit held?
Customer: replied 2 years ago.

lease started in may 2011 i thnk was an initial 6 months contract renewed automatically no ther papers signed. one months notice is required on our part.


Not sure where the deposit is held but pretty sure its in one of the 3 deposit schemes

I understand you would not site legal references but it would look pretty cool lol and i want to scare the nasty lady out of spite without getting myself into trouble !

Please check legal references - our concerns must be held in law somewhere. I dont know why the landlord and tenancy act would not hold up in scotland unless there was another precedent/law wich superceeds but it seems obvious if the law doesnt apply there must be an alternative in many of our concerns ie. gas chimney boiler entering property etc

Customer: replied 2 years ago.

ok im sold on the ll and tenanct act - bananas and will take out all acts. but can you give me a list of laws witch apply to my concerns so i can add them but not specifically to any or all points?

Expert:  JGM replied 2 years ago.
The breaches will be breaches of:

The tenancy agreement itself.
The Housing (Scotland) Act 1988
Gas Safety Regulations
Customer: replied 2 years ago.

No other legal jagon i can put down at a stretch? or cases?


I am within my rights to send this?


would I have a case to start civil proceedings for any of our concerns?

would it be worth it?

Customer: replied 2 years ago.

Relist: Answer quality. waited long periods for very little info. Initial questions unanswered and then recieved an oppertunity to grade ?? I am only looking to see wether i will find myself in trouble, if i have a point and acts/laws i can quote in a prepared letter and advice as to anything I should take out or add.

Expert:  JGM replied 2 years ago.
Do you think that your letter will have any effect or achieve any purpose? You are within your rights send it. You can also raise civil proceedings if you have a pecuniary loss but that will cost you money which you may or may not get back.

Your better course of action is to report to the Private Rented Housing Panel which has the power to refund or reduce rent, make orders against the landlord and even take steps to prosecute the landlord.


In my experience a landlord is unlikely to be impressed or concerned by your letter but the involvement of an outside agency which has teeth to do something is more likely to achieve what you want to achieve.
JGM, Solicitor
Category: Property Law
Satisfied Customers: 9980
Experience: 30 years experience in property law.
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