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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11435
Experience:  30 years as a practising solicitor.
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I sent an email to my letting agent explaining that due to

Resolved Question:

I sent an email to my letting agent explaining that due to personal circumstances it would be helpful if I could end my lease early and asking that they contact the owner and ask about this. I did not hear anything back and assumed that the owner had said no. I therefore remained and paid my rent etc. about five weeks later the owner of the letting agency turned up asking what time that day I was moving out as the owner was packed up and moving back in that day. I advised him that I had no idea what he was talking about as I had not had a response to my email. He asked if I would like to move out soon and I said yes. We agreed he would speak to the owner and get back to me. He did so and we agreed that I would move out in seven days. Although this was stressful I did do. The letting agents say that they had tried to email following my initial email but it bounced back. My email address is working perfectly well. They also state that they left voicemail but I don't have any of these on my phone. They are now saying that as I broke the terms of the lease the owner will not return my security deposit despite the fact that I thought she had agreed to my leaving early. Can she do this ?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What does the lease provide for as regards XXXXX XXXXX a valid communication between the parties?

Many leases provide that telephone communication and even emails are unacceptable and that any formal changes to the lease have to be by letter to the parties' postal address.

If the lease is silent on that then I would say the agent is at fault for not ensuring that they communicated with you properly instead of leaving a voicemail following what they allege is a bounced email
Customer: replied 3 years ago.
Thank you for your answer. Just to clarify, what do you mean by 'silent on that ' ? Thanks
Expert:  JGM replied 3 years ago.
What I mean is silent on the method of communication between the two parties to the lease.
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