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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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Hi There My daughter has just moved into a private rented

Resolved Question:

Hi There
My daughter has just moved into a private rented house, the online advert stated rent was £525 pcm, the advert in agents window also said £525, The agent came round to get the lease signed and said the rent was £575, pcm the agent said it was an old sign and the internet had not been updated, my daughter refused to sign, where does she stand legally, and what do you advise
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Are you saying she was given entry to the property before the lease was signed?
Customer: replied 3 years ago.

Yes she was given entry before lease was signed, the lease would be a 6 months rolling lease

Expert:  JGM replied 3 years ago.
In that case the landlord is in some difficulty. He should not have allowed entry before the lease was signed.
A lease of property is not binding until the lease is signed. The rent at which the property was advertised is irrelevant as a result. The landlord now has a situation that the property has been handed over to a tenant but there is no signed lease. This puts your daughter in a strong position. The landlord would now have to go to court to get her out.
As there is no agreement as to what the rent is, the landlord would be best advised to accept the advertised rent.
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