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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I am on a temporary work assignment away from home and have

Resolved Question:

I am on a temporary work assignment away from home and have been renting a furnished house for the past year on assured tenancy basis, with 2 months notice from the 23rd of the month. I have been given 1 month notice of termination of my work contract from 27th November and have advised the owner of the house that I shall be leaving on that date. I agreed to pay rent to 23rd December in accordance with my understanding of the lease. The house is now re-advertised for tenancy from 27th November, however the owner has advised she will move back into the house then if the tenancy is not taken up. I asked her if she would agree to excusing me rent from the 27th November in that case, but she has refused emphatically, citing my legal obligation and consequential losses she has suffered as a result of my terminating the lease. Please could you advise if a clear legal judgment is possible on whether I am liable for the December rent?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If you are contractually bound to give two months notice then you are due to pay rent for that period. That is a contractual obligation not a delictual obligation which would be a question of damages. If the landlord gets another tenant in that period that doesn't mean that you don't have to pay rent as the obligation on you arises from contract and not from the law of damages.
I hope this helps. Please leave a positive response so that I am credited for my time.
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