LandlordZONE

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Apr, 2014

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  1. #1
    Join Date
    Feb 2012
    Location
    Elgin, Scotland
    Posts
    39

    Default Deposit scheme, gas certificate and electrical certificate in Scotland

    I think all of these are legally required in Scotland. A friend has rented the same property for 3 years, he hasn't got any notification of where the deposit is held, no attendance by a gas safety inspector hence no copy of a gas safety certificate, no electrical inspection, no copy of an electrical safety certificate, and no PAT record for some white goods supplied.

    The landlord is registered with the local authority. What is the legal position?

    Regards

  2. #2
    Join Date
    Sep 2012
    Location
    Tranent, East Lothian
    Posts
    136

    Default

    Ask your friend to contact the Registration Team at the respective council and report the matters.

    Your friend should also lodge a claim in the Sheriff Court against his landlord, as the deposit has not been lodged with one of the deposit companies. He will then be entitled to up to 3 times the amount of the deposut in compensation.

  3. #3
    Join Date
    Mar 2009
    Posts
    7,707

    Default

    As Albaman says...

    For further reference & should anyone else be looking here is a handy tool to check if deposit should have been protected...
    http://scotland.shelter.org.uk/get_a...n_date_checker

    Shelter's advice about claiming 3xdeposit (but expect LL to evict friend as soon as he receives the summons from the Sheriff Court clerk...)
    http://scotland.shelter.org.uk/get_a...your_deposit#8
    - Small claims actions are fairly easy & cost about £40-60 (Court will advise) and pursuer cannot be charged landlord's legal costs, even if they lose...
    The law on claiming 3xdeposits etc..
    http://www.legislation.gov.uk/ssi/2011/176/part/2/made



    Re. Gas safety which I would consider most urgent & important - Gas safe advice for landlords etc...
    http://www.gassaferegister.co.uk/help/faqs.aspx

    In friend's shoes I'd also write (yes, WRITE!! -keep copy) to landlord, copy PRHP, requesting a gas safe cert ASAP... friend should know about PRHP as LL HAS to advise tenants about them...
    http://www.prhpscotland.gov.uk/prhp/1.html

    Advice on reporting no Gas safety cert...
    http://www.hse.gov.uk/gas/domestic/faqtenant.htm
    By law landlords must carry out an annual gas safety check and provide tenants with a copy of the record of that check. New tenants should receive a copy before they move in and existing tenants should get a copy within 28 days of the annual check being done. If you don't have a current gas safety record you can report to HSE via form LGSR1.
    Re. electrical testing..

    Periodic electrical tests & PAT tests are not legally required: Landlord is required however to provide safe electrics & the easier/safest way for a landlord to do with is such tests. If landlord is accredited with LaS (see...
    http://www.landlordaccreditationscotland.com/
    )
    - part of the requirements are that he does periodic leccy inspections every, I think, 5 years... but I am not aware of LaS ever booting anyone out for not doing them...
    - Think I'd write & ask Landlord for copies of the last periodic electrical inspection & PAT tests... anyway.. (keep copy of letter...)

    Further advice available on **free** helpline from the experts, Mssrs Shelter Scotland ,
    0808 800 4444 see
    http://scotland.shelter.org.uk/get_a...dvice_helpline
    Shelter provides a free, national telephone advice line staffed by trained housing advisers. Lines are open from 9am to 5pm, Monday to Friday.

    Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available. Through our helpline, we have helped thousands of people solve all kinds of housing related problems, from finding them a place to sleep to suggesting how to handle mortgage arrears.

    If you have a housing problem, you can call free on 0808 800 4444 (now free to call from all six of the main UK mobile networks, Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday.

    Our advisers can:

    give immediate, practical assistance
    tell you your rights
    offer advice and guidance
    link you in with specialist or local services to help you longer term.

    We will answer your call as quickly as we can and treat it confidentially.

    When you call, it may help if you have information to hand such as:

    your landlord's name and address and any letters you've received from your landlord, if you rent your home
    your mortgage lender's details and any letters you've received from your lender, if you have a mortgage
    details of any benefits you're claiming.
    I wonder what else the landlord "forgot" to do... eg declare his rental income to taxman @ HMRC ??? Blackmail is such a horrid word....
    http://www.hmrc.gov.uk/reportingfraud/

    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...

  4. #4
    Join Date
    Mar 2009
    Posts
    7,707

    Default

    On reflection.... think the key question is, does friend wish to stay or not?? If he does then perhaps calm, polite letter about GSC (& perhaps electrics...) and leave suing for deposit till he wants to go...

    Maybe ask Shelter's views...

    As it's fairly new I'd be very interested in anyone's news or Shelter's views on if suing for 3xdeposit is worth it...

    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...

  5. #5
    Join Date
    Feb 2012
    Location
    Elgin, Scotland
    Posts
    39

    Default

    Many thanks for the advice here, the deposit check scheme gives May 2013 as the final date.

    Regards

  6. #6
    Join Date
    Mar 2009
    Posts
    7,707

    Default

    Quote Originally Posted by jaymack View Post
    Many thanks for the advice here, the deposit check scheme gives May 2013 as the final date.

    Regards
    ?? Really?? I think that would only happen if the initial fixed term had not ended (after 3 years???)... How long was the initial fixed term and did the tenancy say anything about how it continued (eg like a recent one of mine...
    The lease will be for the period of 7 months from the 11/mm/2012 (“start date”) and will end on 10/MM/2013
    (“end date”). If this agreement is not brought to an end by either party on the end date it will continue thereafter on a monthly basis until terminated by either party giving no less than two months notice to the other party.
    )

    Rolling on after end of the initial fixed term is a renewal in deposit speak....


    Depending on the answer then the deposit may perhaps be too late to protect....
    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...

  7. #7
    Join Date
    Feb 2012
    Location
    Elgin, Scotland
    Posts
    39

    Default

    Quote Originally Posted by theartfullodger View Post
    ?? Really?? I think that would only happen if the initial fixed term had not ended (after 3 years???)... How long was the initial fixed term and did the tenancy say anything about how it continued (eg like a recent one of mine...
    Rolling on after end of the initial fixed term is a renewal in deposit speak....
    Depending on the answer then the deposit may perhaps be too late to protect....
    Apparently there is no so-called fixed term mentioned in the 1 page conditions of lease for the property, it simply states "The lease will run on a monthly basis" "The rent will be payable
    in advance on the first day of each month
    ", and "1 month prior notice from landlord or tenant is due notice".

    After 3 years in the property, should there be a fixed term, and how would the conditions of lease stated above, affect any protected deposit?

    Regards

  8. #8
    Join Date
    Mar 2009
    Posts
    7,707

    Default

    In that case it has been renewing every month since the start.... Deposit not protected, you CAN sue for 3x

    Landlord needs to give more than 1 month notice...
    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...

  9. #9
    Join Date
    Mar 2009
    Posts
    7,707

    Default

    Sorry, just occurred to me after a 12 hour drive...

    If there was no initial fixed term of at least 6 months then friend doesn't have a "Short Assured Tenancy" but has an "Assured Tenancy" & thus get MUCH STRONGER rights to remain, specifically if they keep paying rent on time & otherwise complying with contract almost impossible to evict. Silly landlord!!! See..
    http://scotland.shelter.org.uk/get_a...ed_tenancies#0
    What is a short assured tenancy?

    If you rent your home from a private landlord or a letting agency then you will probably have a short assured tenancy if:

    your tenancy started after 2 January 1989, and
    the place where you live is rented as a home, and
    it is your only or main home, and
    you received a special notice (an AT5 form) before the tenancy started telling you that it is a short assured tenancy, and
    your tenancy is for at least six months.
    In other words, if they want to stay they pretty much can as long as they want to... And sue over deposit, and get Gas safe cert sorted etc etc....


    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...

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