Whether you have the right to stay automatically depends on the name on the rental agreement. For reasons that cannot even be understood, Y and Z wish to obtain their professional law degree at another university, while X wishes to remain in the accommodation until the end of their studies and diplomas. The 2016 law prohibits Y and Z from terminating the lease. They can decamp, but they`re still responsible for the lease. The lease remains a PRT (by ss.1 (b) and 2 (5) of the 2016 Act, but the owners have a mandatory property ground (see s.51, p. 3 Part 3 Ground 10 and s.78 (2) of the 2016 Act). Since Y and Z are not able to make an effective message, you need to find subtenants or agents (probably the latter) that would be acceptable to landlords. If you rent from a private landlord, it is up to your landlord to decide whether or not you are a roommate. You don`t have to. Talk to your landlord if you are in this position and see if you can transfer the lease on your behalf.
An advisor at a shelter or citizen counselling centre can, if necessary, help you negotiate with your landlord. If you are considering leaving a lease because you are unhappy with the condition of the accommodation, repairs are not being done or there are problems with your landlord, there may be other steps you can take. If your ex-partner is the tenant, he can terminate the lease without your permission. If you have deposit fees, you can ask the court to stop it. If a common Scottish security tenant wants to leave, they must impose a written deadline of four weeks on other tenants and the landlord. The breaks of the other tenants that continue as usual do not stop there. And if it`s a joint lease with your partner, you`re responsible for paying the rent. Transfer of the lease It is possible that a court decision may be made through an individual lease agreement to another tenant or a transfer of a common lease solely on behalf of a tenant. But this can only be done in certain circumstances. One of the co-authors of this article recalls his Shelter Scotland Housing Aid Worker (1987-2003) days of situations related to Council rents (modern terminology is the socially rented sector, including housing companies) and cases of decryption of relationships in which A and B could be common tenants, with, after a breakdown of the relationship, Part A , the house. Party A might want to get new housing from the council, but a period had its name on an existing lease, and remained jointly responsible for this housing (Scotland) safe rent act 1987.
According to s.46 (2) h (S) A 1987, the „tenant“ could give four weeks` notice to the landlord, but in section 82, „tenant“ meant all the roommates – that is, the same position as the 2016 law. It took a statute to change this position from the 1987 Act – see p.12 of H (S) A 2001: „A tenant under a Secure Lease agreement may terminate that tenant`s interest in rent within a 4-week period to the landlord and each of the other tenants under the tenancy agreement.“ This was one of many changes for which Shelter Scotland was able to lobby during the 2001 legislation stages.