LandlordZONE

22

Aug, 2014

Friday

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  1. #21

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    I'm quite prepared to wait. I'll get there eventually. Don't see why I should allow them to disrupt my day to day life, my sleep and my Christmas. I have other things going on - mum diagnosed with cancer, very poorly horse etc. It's just stress all the way. Perhaps I'll just set fire to the place when they're out and have done with it!

    The TV license information was gathered by me - directly off their website, so straight from the horses mouth!

    YES I'M REGISTERED! I did tell you that before. lol.

  2. #22
    Join Date
    Mar 2009
    Posts
    8,558

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    Quite right... You enjoy life...can't remember if in Scotland if the place burns down the landlord may still have to provide accommodation..LL does usually in England... I'd better look it up...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #23

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    Of that I have absolutely no doubts. In fact they'd probably stipulate 5* at least! lol.

    Actually had a conversation with someone this afternoon who tells me these two guys approached him to rent a bothy, claiming they were a joiner and a chef. He took one look at them and told them to leave, especially when they began suggesting that he gave them work too!!! Seems they've been to various places around the town trying to blag their way in, but I was the idiot who was taken in by them and their promises of payment etc. I thought they'd make ideal tenants, but I guess we all know what thought did!

    We are now left wondering what to do if they refuse to allow us entry into the property to check in the attic for any signs of leaks, top up the rodent poison and check the electrics haven't been chewed. I expect once again they'll have the upper hand and be able to stop us - which is going to make our lives extremely difficult given that our own house's electricity meter is in their kitchen! This stems from the building having been a byre in bygone days.

    Worst case scenario this is going to turn into a rediculous game of cat and mouse so I guess we will just have to take it day by day and wait to what hits the fan next.

  4. #24

    Default Dropped a clanger!

    Seems, despite my being sure that I'd issued my AT5 correctly, I actually haven't! Kicking myself now. For whatever reason I completely missed off the final page that T's were supposed to sign so what to do now?

    Does that mean my SaT now becomes an AT or is everything just invalidated completely, leaving us with just a verbal contract?

  5. #25
    Join Date
    Mar 2009
    Posts
    8,558

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    All may not be lost...

    IIRC (I'm not legally qualified..) there are two versions of AT5, with & without declaration.. i.e. the bit where the tenant signs, dates & times it.. (the one I would recommend).

    The legal question is, "was AT5 served prior to when tenancy was signed??" & clearly if both documents are signed, dated & timed that's easier to prove. If however it's unsigned then would you have other evidence to prove it was served correctly??

    I STRONGLY suggest you discuss matters with either SaL
    http://www.scottishlandlords.com
    or a SPECIALIST solicitor such as T C Young
    http://www.tcyoung.co.uk/page/Privat...ng_Agents.aspx

    Many tenants on receipt of notices2quit etc do just that, quit. Even if it they don't & the matter gets in front of the sheriff it would I guess come down to does the tenant challenge the validity & if so who does the Sheriff believe...

    Remember this is a PUBLIC forum & ANYONE (eg Tenant..) could be viewing so suggest any further details are kept, err... vague... if you get my drift..

    Best wishes! We all make mistakes, I made even worse ones when I started...

    Cheers!

    PS Please don't keep opening new threads.. it can be confusing if members don't see all the background and find it harder to help you...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  6. #26

    Default

    Apologies, should've continued previous thread. Just wasn't sure if I'd get a response if it appeared to be dragging on.

  7. #27
    Join Date
    Jun 2011
    Location
    Stevenage
    Posts
    1,378

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    Two related threads have been merged.
    I also post as Mars_Mug when not moderating

  8. #28

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    Is it a criminal offence not to issue a rent book?

  9. #29
    Join Date
    Mar 2009
    Posts
    8,558

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    Not sure, but I certainly doubt many if any landlords have ended up in court over this in Scotland (I could only find 2 instances in England..)

    Rent books are only required when the tenancy states rent payable weekly. I note your first post says weekly paid rent, in cash.. but can you clarify, does the tenancy agreement state weekly rent??

    (Call me old-fashioned but whenever cash is insisted upon I always get suspicious, for any transaction... wonder what they are trying to hide...).

    See Housing (Scotland) Act 1988 Section 30...
    http://www.legislation.gov.uk/ukpga/1988/43/section/30
    (4)Where, under an assured tenancy, rent is payable weekly, it shall be the duty of the landlord to provide a rent book.
    (5)A rent book shall contain such notices which shall be in such form and shall relate to such matters as may be prescribed and otherwise shall comply with such requirements as may be prescribed.
    (6)If, at any time, the landlord fails to comply with any requirement imposed by or under subsection (4) or (5) above he and any person who on his behalf demands or receives rent in respect of the tenancy shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
    regarding that fine see ...
    http://www.scotland.gov.uk/Topics/Ju...7305/8036/8043
    Up to £2,500.. (Nah, no chance, surely... )

    It does say "summary conviction".. and I'm not legally qualified (entirely unqualified) enough to know if that makes it a criminal offence (bit heavy-handed if it does...)

    Assuming rent is payable weekly & no rent book I'd do 2 things -
    a) 'phone those nice guys at SaL for advice Monday morning - I'd hope that perhaps emailed rent-books might be OK but don't know...
    b) Probably pop-off to Smiths Monday morning, get a rent book, fill it in, copy it & use that from now on: Sheriff Court case then very unlikely..

    Forgive me being alarmist but these guys sound like they might be "professional tenants" who know how to play a landlord: PHONE SAL and /or talk to a SPECIALIST solicitor... please!!!

    If the tenants have suggested it is a criminal offence my suspicions are re-inforced, and I'd start keeping a hand-written (date, time, who, what..) log of their harassments.,....

    Best regards ... You will get them out , eventually: Cheers! Artful...

    Good news is under Scottish law you have 20 years AFTER the Sheriff Court decree to recover any monies due, increasing all the time @ 8%. Now, where else can you get 8% return on an investment??

    PS Also just noticed you refer to a deposit part-paid in your first post: Has it (even if only £5..) been protected in a protection scheme?? - Hope so.....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  10. #30
    Join Date
    Mar 2009
    Posts
    8,558

    Default

    Herewith a link to a rent-book from those experts, Shelter Scotland...
    http://scotland.shelter.org.uk/get_a...ted_properties

    & info from big 'Eck..
    http://www.scotland.gov.uk/Topics/Bu...ts/money/rents

    Rule: In an assured or short assured tenancy, if the rent is payable weekly, the landlord must provide a rent book and enter a receipt for each weekly payment. The rent book must contain a notice giving:

    the landlord's name and address;
    the amount of rent to be paid; and
    a summary of the basic rights the tenant has under the Housing (Scotland) Act 1988.
    - I would hope that is correct..

    Also I was wrong, there do seem to have been prosecutions, (I assume this does mean that are criminal - but check with SaL..) see these tables from big 'Eck ---
    79(2) is rent-book offences btw...
    http://www.crownoffice.gov.uk/Prosec...tland-Act-1984

    Interestingly (to chose one example at random..) there appear to be no prosecutions at all in D&G and, if I read it correctly, in all cases there was no conviction & no further action taken (presumably as when it got to court a rent book was being provided..)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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