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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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My daughter lives in a flat to which someone has gained access

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My daughter lives in a flat to which someone has gained access using a key the weekend before last and the agents for the owners when advised were not prepared to take any action. It happened again 2 days later when she was at work and I spent the remainder of the week in the flat to ensure her safety. She is now in a B&B as she feels someone is watching her movements and will empty the flat on Saturday. The Police were involved on both occasions but could not take any action as entry had been gained using a key and nothing was stolen. Their view was that it was likely to be someone in the complex.They did advise that the locks to the flat be changed and the communal door be repaired as it did not clone without being pushed. The tenancy expires on the 16th February with 2 months rent of £495/month due in Dec. and Jan. There is also a £750 deposit. I would like my daughter to walk away now and leave the deposit as final payment due to the agents/owners lack of prompt action to ensure her safety and wellbeing. I am concerned this course of action may affect her credit rating. Can I have you views on the action I propose and any suggestions on a way forward.
Thank you for your question.

The landlord has to provide a property which is secure and the two instances have indicated that they haven't done so, especially after being advised of the problem.

I would vacate and claim the deposit back as a starting point, holding the landlord in breach of contract for failing to keep the property secure. You can tell the deposit company that you seek repayment of the deposit in full because of this.

The landlord shouldn't be able to affect your daughter's credit rating as the issues are disputed issues as opposed to debt issues.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Could you confirm that no further rent should be paid

That would be my starting point on the basis of a breach of contract to the extent that your daughter can no longer feel safe in the property therefore can't stay there and benefit from having the property.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

My daughter wrote by registered post to the agents advising them that she had vacated the flat along the lines you suggested including no further rent would be paid,enclosed the keys and the inventory which had just recently been issued to her. They have stated by phone that she will be held responsible for the outstanding rent, utilities and council tax until the 14th February She has asked the agents to confirmconfirm this in writing. Where does my daughter go from here?

She writes to the council tax and utility companies to say that she is no longer in occupation of the property. She writes to the agents holding the landlord in breach of contract for failing to provide a safe and secure property and intimating that any additional costs incurred by her as a result of her having to move out will be claimed from the landlord.