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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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Can you advise me of my rights in the following situation: My

Customer Question

Hi, can you advise me of my rights in the following situation:
My son starting a university exchange course in Edinburgh tomorrow and last Thursday we found a flat for him to rent through ELS in Edinburgh. It is a private student residence. AdS it is for less then 3 months we had to pay the full amount plus security deposit upfront which we did over the phone by credit card. We filled in the on-line application form but have not yet physically signed any tenancy agreement since my son is supposed to meet an ELS representative at the residence tomorrow to complete the paperwork. However, he as now been offered somewhere else to live which is more suitable. Is it still possible to withdraw from this rental and get a full refund ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
In Scotland the tenancy or lease of property has to be in writing and signed by the parties. Because of this, from what you say no lease is yet in place. As you are withdrawing prior to the lease, you should be entitled to a refund. I assume there were no online terms and conditions at the application stage that would suggest otherwise.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 1 year ago.
hi, my husband filled in the booking form but did not do any online signature. We received an email from ELS once we had paid, arranging to meet my son at the flat tomorrow to sign the lease.. therefore if he doesn't sign the lease, I assume from what you say above, that they cannot keep the monies. It seems nothing has actually been debited from our account yet...
Expert:  JGM replied 1 year ago.
That is my opinion yes, on the basis that there isn't a written contract.