Need Advice re Letting Agent 'Arrangement'

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    Need Advice re Letting Agent 'Arrangement'

    A year ago, my letting agent persuaded me, against my better judgement, to accept 2 students from western europe - I don't think proper background checks were done as they hadn't been in Britain long enough. He said that they were being sponsored by their government and sent me a copy of their documents. I never got a copy of the lease. I'm unwell and spent my time on my health - I REALLY need to chill out and keep my bp under control.
    They paid 6 months upfront twice, to the letting agent. The letting agent would pass the money to me each month. I took out landlords insurance through the letting agent, but doubt if that willbe of use as full backgroound checks were not done.
    They SAY they 'may' be vacating the flat but have not issued a notice. Nor have they paid this month's rent. They say they are abroad.
    If I give them notice to quit tomorrow, when can I get my flat back?

    #2
    With the new PRT you must have grounds to repossess your property. One of the grounds is late rent but I think they will need to be three months (check with SAL) late before you can repossess on this ground.

    There is also an issue that with COVID the period for being late is now six months (check with SAL) and the tribunal is currently closed.

    If I were you I would just let your letting Agent deal with it.

    If it is causing financial hardship then I would try and organise a mortgage holiday or there are loans available from the Scottish Government for late rent during COVID.

    It is not that unusual for overseas tenants to not be checked and I suspect left to the Letting Agent that they will be able to rectify the issue in the near future.

    Comment


      #3
      Are you sure this isn't a rent-2-rent scheme/scam where the letting agent is your tenant (you the landlord), but then the agent (as landlord) has occupants as their tenants (occupants not being your tenants).

      If it is a genuine PRT with you named as landlord (appreciate hard to establish without a tenancy agreement) then there is no "no fault" NTQ available as was the case with earlier tenancies: You'd have to go with the available grounds - see here from the experts, Shelter Scotland....
      http://scotland.shelter.org.uk/legal...nts_possession

      Note if you use e.g. the I plan to sell grounds but then don't genuinely attempt to sell the evicted tenant is entitled to up to 6 months rent compo: Quite right too in my view.


      STRONGLY recommend you join SaL if not already a member
      https://scottishlandlords.com/

      - then do the **free** courses with LaS that SaL membership entitles you to...
      https://www.landlordaccreditationscotland.com/courses/

      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


        #4
        I never got a copy of the lease.

        Unacceptable

        They paid 6 months upfront twice, to the letting agent. The letting agent would pass the money to me each month.

        Unacceptable. The money was yours the agent should have you it all in one go.

        I took out landlords insurance through the letting agent, but doubt if that will be of use as full background checks were not done.

        Doubly unacceptable. You did not need insurance if 6 months rent was paid up front. Proper checks should have been done.

        Comment


          #5
          I disagree it’s quite common for overseas tenants to pay 6 months due to the difficulty in transferring money overseas and for letting agents to pay money to the landlord monthly otherwise there is no money available to pay for maintenance and inspection certificates.

          Regarding the lease the PRT is a fairly Standard lease written by the Scottish Government so to get a copy of the standard model tenancy agreement is quite easy just google Scottish PRT.

          Comment


            #6
            Originally posted by Sandi View Post
            ...and for letting agents to pay money to the landlord monthly otherwise there is no money available to pay for maintenance and inspection certificates.
            I think that should that read "...otherwise there is no money available for the agent to make a down payment on a BMW."

            Comment


              #7
              I've written to the agent to ask for a copy of the tenancy agreement. They paid the rent a few days ago - 2.5 weeks late.

              Comment


                #8
                Are you a live in or a live out landlord?

                Comment


                  #9
                  'Live out' would be the default case and seems clear to apply here based on what OP has said e.g.

                  They say they are abroad.
                  when can I get my flat back?
                  There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                  Comment


                    #10
                    Not necessarily, I've been both at the same time. I just wanted confirmation.

                    I'd go with gut instinct and give them their notice.

                    Comment


                      #11
                      That's PRT ground 10 (mandatory). Remember there is no "no fault" s21 equivalent for PRT.
                      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
                        theartfullodger,

                        I'd be grateful if you could give advice on the thread I started today about deposit notification. I tried to message you but you've reached your quota.

                        Comment

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