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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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My son has been renting a room in a flat for 3 x years with

Customer Question

My son has been renting a room in a flat for 3 x years with the use of Mutual areas - Lounge,Kitchen and bathroom.
The landlord lives in the flat along with my son and 1 x other student.
The lease was drawn up in Sept 2011 for 12 x months with a 2 x month notice period on either side but has never been renewed.

The lease was for 3 x people ( it is a 3 x bed flat) and bills were split three ways.
The landlord decided to have his girlfriend move in but bills have still be*****split.
My son felt that he had signed up for a flat with only 3 x people and found it uncomfortable with an additional person - as did the the other student who has since moved out.
My son has aslo moved out and the landlord wants 2 x months rent plus bills.
Where do we stand
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your son has a common law tenancy by virtue of the fact that he stays in the same place and shares facilities with the landlord. Common law tenants do not have the same rights as tenants who rent a separate dwelling and don't share with the landlord but a common law tenant does have a right to 'possession' of the property.

This means that the tenant has the right to live there and to stop other people from entering without permission. This means having the right to:

prevent other people from entering their home

be left alone by other people."

In this case the landlord has moved in his girlfriend without reference to anyone except himself. He is, therefore, in breach of your son's rights and your son would be entitled to treat this as a breach of the lease and move out. Normally, notice would be required either under the lease or on a period of four weeks if there is no provision in the lease.

However the notice period would not be enforceable where the landlord is in breach. He can't ask for two month's rent.

I hope this helps. Please leave a positive response so that I am credited for my time.