LandlordZONE

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Apr, 2014

Wednesday

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  1. #11

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    I think you could do us all a favour by making the point about your difficulty to the local politicians.

    It won't change anything, but it's one more straw on the camel.

    The Mad Regulators in Scotland seem to be even Madder than the rest of them, with the sole exception that general Landlord Licensing in Scotland costs about 80-90% less than those schemes which exist in England.

    None of them work, with the sole exception of tiny schemes targetted at a few streets, but it's a cheaper albatross.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

  2. #12

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    LLs just won't touch it knowingly, unless they are criminal landlords - or some of the 25% who have not registered.

    Penalties were designed to be draconian, and they *are* draconian.

    Anyone caught may lose their ability to rent out a property anywhere in Scotland, in addition to getting a criminal record.

    They also face having all the rent you have paid confiscated as "products of a criminal offence", *and* be liable to pay all your rent back to you as well.

    I'm sorry that you're one of the early victims of a problem which is going to become widespread before the politicians come to their senses in a few years' time.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

  3. #13
    Join Date
    Mar 2009
    Posts
    7,662

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    Quote Originally Posted by midlandslandlord View Post
    LLs just won't touch it knowingly, unless they are criminal landlords - or some of the 25% who have not registered.

    Penalties were designed to be draconian, and they *are* draconian.

    Anyone caught may lose their ability to rent out a property anywhere in Scotland, in addition to getting a criminal record.

    They also face having all the rent you have paid confiscated as "products of a criminal offence", *and* be liable to pay all your rent back to you as well.

    I'm sorry that you're one of the early victims of a problem which is going to become widespread before the politicians come to their senses in a few years' time.

    ML
    Agreed: However not that early, it came in with "The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000", albeit fines have increased, legislation expanded & more & more landlords are becoming aware .,....

    Rumour has it that Scotland is blessed with an office-block's worth (?? worth??) of civil servants thinking up new regulations on housing, proportionately more than the rest of UK...
    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...

  4. #14
    Join Date
    Apr 2005
    Posts
    212

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    Quote Originally Posted by theartfullodger View Post
    Agreed: However not that early, it came in with "The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000", albeit fines have increased, legislation expanded & more & more landlords are becoming aware .,....

    Rumour has it that Scotland is blessed with an office-block's worth (?? worth??) of civil servants thinking up new regulations on housing, proportionately more than the rest of UK...
    The Scottish Government's senior policy advisors who were at the SAL conference are very young and unlikely to have enough life experience to make informed decisions regarding the various complexities of the private rental market.

    There does though seem to be a desire by the Scottish Government to micro manage the private rental market (jobs for the girls) and I am pretty pessimitic as to the future for us landlords.

  5. #15
    Join Date
    Mar 2009
    Posts
    7,662

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    Aye, but we're stuck with it.

    The grand example of what you say seems to be the antisocial .. (Scotland) Act 2004 (iirc..). Which brought in landlord registration (fair enuf, I'm in favour of that ) & penalties and sanctions for PRS landlords who didn't sort out ASBO tenants (fair enuf..) but NO penalties or sanctions against Council or Housing Association landlords... as though they never get things wrong.

    But mustn't grumble & whinge, it ain't gonna change.....

    Cheers!
    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. #16
    Join Date
    Sep 2010
    Posts
    806

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    Quote Originally Posted by Tartan View Post
    Hi everyone, I hope you're all well.

    Here's my situation: Myself and 2 friends are looking to rent a flat in Kirkcaldy (a town of 50,000 in Fife) but we've met a huge stumbling block... the requirement of an HMO licence.//

    //We've been friends our whole lives and there's little chance of serious incident.//

    //I would appreciate any opinions/feedback because we're currently stuck between a rock and a hard place.
    Are both your friends really, really ugly? Are you sure you are not attracted to one of them just a little bit? Even if the relationship is purely platonic you could still be classed as a couple. Maybe moving in together as a couple with one of them will help sort out your feelings. Separate rooms of course, with your 3rd friend (the gooseberry) occupying the 3rd bedroom.

    http://www.scotland.gov.uk/Publicati...07/19734/40901

    What is the definition of an HMO?

    A house is an HMO if it is the only or principal residence of three or more qualifying persons from three or more families.//

    //The definition of "family" is set out in full in paragraph 2(5) of the Order. It includes unmarried and same-sex couples. It does not include cousins.



    http://www.legislation.gov.uk/ssi/20...article/2/made

    (5) For purposes of this Order, a person is a member of the same family as another person if–

    (a)those persons are married to each other or live together as a couple; or .

    (b)one of them is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other,
    Last edited by boletus; 08-12-2012 at 10:41 AM. Reason: Artful already pointed this out at post #3

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