new owner, landlord, advise regarding no rent and storage cupboard

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  • new owner, landlord, advise regarding no rent and storage cupboard

    'm in a very uncomfortable situation. I purchased a flat in Edinburgh to rent out and became owner on 20th September. It had already been let out to the same "tidy student" tenants from last year. They have renewed their Short Assured tenancy from 14th September 17. There are four tenants paying a total of 2,100GBP / month. I took ownership on 20th September, but have been told by the letting agents that the rent has already been paid out to the previous owner when l gave my details. The previous owner / Landlord is entitled to the rent up to end of 19th September because of my ownership from the 20th..
    I therefore contacted my solicitor, regarding this and they emailed me that the selling solicitors, have been contacted regarding this. it has been 2 days, and I have not heard anything despite me emailing asking my solicitors for an update.. Should I be worried, since the funds have already been sent to the selling solicitors, on the 20th September and my keys were ready for pickup on 20th September.
    Do kindly advise me what I should do. Much appreciated and thank you for your existence, bringing civility to what seems to be a lawless jungle. Are the Law Society of Scotland or Scottish Legal complaints commission be able to resolve or contacted?
    also the letting agents have informed me that the previous owner has a large locked storage cupboard in the hall, and it contains lots of inventory which are not listed in the inventory form with the current tenants, and that they will remove it all, for 'security' and 'convenience' to the tenants. Neither can be true since the tenants rented out last year with the locked cupboard and it wasn't any influence to them continuing their tenancy this year. l believe there are some useful inventory in there so told the property managers that they have to leave the storage cupboard inventory and when l return to Edinburgh, l will personally clear it. And if the previous owner does want back the inventory to remove his items he should contact me where I'd be happy to arrange a mutually convenient time. is this not reasonable?


  • #2
    Think 1449 Act of leases covers it.
    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...

    Comment


    • #3
      Sorry, Leases Act 1449
      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...

      Comment


      • #4
        Please tell me how the Leases Act 1449 protects me here, as l don't get the rent l am entitled to. Also what about my approach to the locked storage cupboard?

        thanks theartfullodger

        Comment


        • #5
          Sounds like your solicitor has left rather too many unsorted matters... Apologies but I have no experience of such a transaction but am aware of the Leases Act 1449, my favourite Scots Act, from good King James II's time. Perhaps someone better informed will be along soon.

          The Leases Act 1449 protects the tenant by ensuring after sale the same tenancy conditions apply.
          Item it is ordanit for the sauftie and fauour of the pure pepil that labouris the grunde that thai and al vthiris that has takyn or sal tak landis in tym to cum fra lordis and has termes and yeris thereof that suppose the lordis sel or analy thai landis that the takaris sall remayn with thare takis on to the ische of thare termes quhais handis at euir thai landis cum to for sic lik male as thai tuk thaim of befoir . .
          https://en.wikipedia.org/wiki/Leases_Act_1449
          What notices did your solicitor serve on tenant when your purchase went through? Do you have copies?

          What do the documents you got on purchase say about when rent is due? What did the sale documents say about any rent paid in advance (I'd expect that to be clearly covered)?

          Is the hall inside the flat or in the common areas? If in common areas is the factor in agreement that it's "yours", and do Registers of Scotland agree it is "yours"? If within the flat I think that means you are responsible for council tax.

          Do you have copies of all documents (tenancy, AT5 & proof of service, inventory, deposit info, photos-at-move-in etc etc)?? Have you re-protected the deposit - if not I strongly suggest returning it today.

          I'm not sure if you are bound by any agreement to use the letting agent in future - what does the agreement between agent & "old" owner say about that?

          Are you and the property now registered, with your name & address?

          You might wish to get advice from SaL, free to members..
          https://www.scottishlandlords.com/

          Slàinte mhath!
          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...

          Comment


          • #6
            Originally posted by theartfullodger View Post
            Sounds like your solicitor has left rather too many unsorted matters... Apologies but I have no experience of such a transaction but am aware of the Leases Act 1449, my favourite Scots Act, from good King James II's time. Perhaps someone better informed will be along soon.

            The Leases Act 1449 protects the tenant by ensuring after sale the same tenancy conditions apply.

            https://en.wikipedia.org/wiki/Leases_Act_1449
            What notices did your solicitor serve on tenant when your purchase went through? Do you have copies?
            .l don't believe my solicitor served any notices on tenants, l certainly was not informed. l did recieve copies of the SAT agreements, start date being 14th Sept 17 and to be paid to the property manager then or on that date.

            What do the documents you got on purchase say about when rent is due? What did the sale documents say about any rent paid in advance (I'd expect that to be clearly covered)? .i just got HMO license, SAT agreeemnts, inventory copies which belong to the property agents, but sent to me by my solicitor on 7 September 17, this was almost a week before the property managers got the rent on 14 september, and paid the x owner. they informed me that they had paid the previous owner on 23rd september. something fishy is going on, as property managers should of known as they were aware property was about to change hands, having giving copies of above to either the selling solicitors or my solicitor or both..

            Is the hall inside the flat or in the common areas? If in common areas is the factor in agreement that it's "yours", and do Registers of Scotland agree it is "yours"? If within the flat I think that means you are responsible for council tax.
            .its a room in the hall, the hall in the flat, the corridor of the flat
            Do you have copies of all documents (tenancy, AT5 & proof of service, inventory, deposit info, photos-at-move-in etc etc)?? Have you re-protected the deposit - if not I strongly suggest returning it today.
            ..I have tenancy agreeements, inventory, deposit amount in the SAT agreement, photos of inventory, re protect the deposit? the agents should have the deposit. strongly suggest returning what?

            I'm not sure if you are bound by any agreement to use the letting agent in future - what does the agreement between agent & "old" owner say about that? ..the agent have agreed to reduce the management charge, and l dont believe anyone is bound by an agreement. l haven't even signed anything to do with the tenancy yet.

            Are you and the property now registered, with your name & address? .l believe so. l was told l could go the selling solicitors to pick up the keys.was told title deeds would take weeks, and it will b put in digitally soon, my solicitor said. how can l actually check if the flat is under my name?

            You might wish to get advice from SaL, free to members..
            https://www.scottishlandlords.com/

            Slàinte mhath!
            thanks for reply theartfullodger, a friend has advised me to write to my solicitor requesting an update and explanation within 7 days otherwise will refer the matter to SLCC, and if no response send a complaint addressed to the firms client relations partner, and lastly SLCC. thing is lm starting to suspect it is the property manager who are being dodgy. who is the regulator for Scottish property managment companies? l dont think it is the property ombudsman scheme, https://www.tpos.co.uk/ as they seem toothless, and the proeprty managers, easylet, may not feel threatened. http://www.which.co.uk/consumer-righ...property-agent
            http://www.arla.co.uk/scotland/ seem more effective

            please see my replies above in blue.
            thanks again, theartfullodger

            Comment


            • #7
              Good: Do we take it this is your 1st Scottish rental property?

              I think the HMO license is related to the owner, primarily, rather than the property.
              https://www.gov.uk/house-in-multiple...cence-scotland
              - so because YOU don;t have a license in your name you are liable to fines and worse...up to £50k, orders for rent not to be paid for you. STRONGLY suggest you 'phone your properties' council (Edinburgh?) HMO department urgently tomorrow morning, grovel, beg etc etc...
              http://www.edinburgh.gov.uk/info/200...s_applications

              Serving notices on tenant: So how would he know (& have evidence, therefore believe?) you are the landlord? How would he know where to pay rent? As far as he can see he has a contract with old owner, nobody has told him different. Suggest you contact a solicitor EXPERT in scottish landlord/tenant matters & get him to serve the correct documents, urgently...

              re:
              Are you and the property now registered, with your name & address? .l believe so. l was told l could go the selling solicitors to pick up the keys.was told title deeds would take weeks, and it will b put in digitally soon, my solicitor said. how can l actually check if the flat is under my name?
              (Hope you already are registered but...) I was referring to landlord registration of both you & the property. Fine for non-compliance up to £50k. Suggest you 'phone council landlord registration dept tomorrow early, grovel,beg etc etc... - or maybe you can apply online...
              https://www.landlordregistrationscot...execution=e1s1

              STRONGLY suggest you join SaL then do the **free** courses via LaS that SaL membership entitles you to...
              https://www.scottishlandlords.com/
              &
              http://www.landlordaccreditationscotland.com/
              & e.g.
              https://www.scottishlandlords.com/Tr...?ProductID=900

              Annual SaL National Landlord Day is 14th November:
              https://www.scottishlandlords.com/Ev...ndlordDay.aspx

              Good luck!
              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...

              Comment


              • #8
                Can knowledgeable member tell us if we will need a new HMO licence for 4 person let / can we just renew the one which the x landlord had? it expires this month What are the costs?
                My twin brother is already a registered landlord, can he register the flat for HMO renewal or new? So he will have two flats under his name, is that a saving of large % of the ~50GBP to register as a landlord?

                Comment


                • #9
                  https://forums.landlordzone.co.uk/fo...55#post1006355
                  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...

                  Comment


                  • #10
                    I own the property, but he will be the landlord, does he have to re register to be a landlord of a 2nd property?
                    l think the priority is the property manager has been chosen, they should contact the tenants before 14th, when payment is due? should l contact the tenants too?

                    Comment


                    • #11
                      Scottish law on HMO different. Requested combining this thread with other thread in Scottish section.

                      The ex-landlord had the HMO license: There is no current, valid, HMO license, So you are operating without one (either you or brother ..) so you are unlawful, liable to most unpleasant sanctions. Suggest TODAY you (YOU!) apply for HMO license in your name.

                      In Scotland the law is the owner (rather than perhaps landlord) applies for & has the HMO license - see
                      http://www.gov.scot/Publications/2004/07/19731/40888
                      The application for a licence must be made by the owner, even if the property is leased to or managed by another person or organisation.
                      I quote from SaL (as recommended, join, do free courses...) fact-sheet on Landlord registration...
                      The onus is on the owner of the property to register although agents who manage several
                      properties should also register as agents.
                      I believe you (YOU!) also should and have to apply to register: Frankly given the possible downside (up to £50k fine) you would be best advised to do that TODAY anyway.

                      On what basis are you able to assert your brother will be landlord rather than, say, merely manager or agent?


                      Have you (YOU!) protected any deposits, please? (Downside of very usually 3xdeposit to tenants...)

                      No offence but any particular reason for your apparent disregard for Scottish law? Particularly given the consequences of your law-breaking, please?
                      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...

                      Comment


                      • #12
                        Two related threads have been merged
                        I also post as Mars_Mug when not moderating

                        Comment


                        • #13
                          update- my passive solicitor was called last Friday, it caught them by surprise, they said they not heard anything from the selling solicitors since they last contacted them, but they would call them again today.

                          l asked them to update me no matter how insignificant.

                          Well its now almost a week later, nothing. not even an email with a full stop. my new property manager is willing to help me and has written to my solicitors to "kindly write to the selling solicitors so I get the first months rent that is rightfully mines". l feel SLCC should be contacted, but l was seriously considering writing to the x owner, who's address I do have. What should be in the letter?

                          also want to ask is it true only the owner of the rented property can be the landlord, as l am the owner but twin brother has been chosen to be landlord, an HMO license will also need to be applied for, can all be done in his name? l became owner of the flat from 20th september, so have til next wednesday, what are the consequences if cant get application sent in? the x owner ahd an hmo license, is it true that l. the landlord has to apply for a new license. since its a 4 person hmo, it will cost about 700gbp?
                          thanks


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