Scottish Commercial Deposit

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  • Pavlova
    replied
    Thank you, I'm nearly at the 1 month stage and nothing has been returned yet despite chasing. The new tenant moved in last week, again without a condition report and they've done a full paint etc at their own expense because they wanted everything fresh. If I don't receive the deposit back by July 1st I'll send send a notice before action.

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  • baldelectrician
    replied
    If they do not have an inventory then they are not in a strong position

    Ask them for a copy of the inventory that was signed by both parties at the start of the tenancy, inform them if they do not return the deposit within (insert date 30m days is up) you will start the court process

    Use 'simple procedure' (formerly small claims) for claims under £5000 (you can represent yourself and it does not cost much)

    You have done the right thing by taking lots of photos as evidence.

    Leave a comment:


  • Pavlova
    started a topic Scottish Commercial Deposit

    Scottish Commercial Deposit

    I've been renting a commercial space in Scotland in a building that's privately owned but the studios are rented out through a charity who pay the building owner a fee. The lease is directly with the charity, monthly rent paid to them and commenced in 2015.

    At the start of the tenancy the condition was in fine but definitely not pristine condition, typical of a working studio that had been painted white years ago with scuffs, painted breezeblock walls with lots of holes in them, concrete floor with some paint splashes, etc. The deposit was 1 month's rent and I've paid rent consistently for 6 years+ until I moved out last month. I gave the appropriate rent and moved out on the agreed date, sending over an album of photos showing the cleaned condition of the empty space.

    When I moved out the condition of the property was better than when we moved in as we'd cleaned it up a lot, painted the floor and laid new lino in areas with their permission at our expense and filled and painted the very few holes we'd made in the wall, leaving the original ones as there were too many and I didn't make them.

    The charity is being cagey with the return of deposit and said it will be returned in around 1 month if they find the condition acceptable, sending over a whole list of how the space should be left that wasn't how we received it on entry.

    Now the charity have a new tenant but have doubled the rent they pay. I know the tenant and have just spoken with them. He had moved from another property elsewhere in much better brand new condition, and he's negotiating lower rent with the charity because he's not happy with the condition, wants it to look brand new and is bringing in painters to do the walls and flooring at his own expense.

    When I've chased the charity they're not responsive, although it still is within the 1 month period, but I feel like they're going to try and claim from my deposit and say the space should have been pristine on return. To me, it's not my job to return the space in better condition than it was originally rented to me in. They didn't carry out a condition report on entry and have failed to do any repairs promptly (e.g. taking over a year to 'fix' external damp coming through from blocked gutters by just painting over it on the interior wall). If they do make deductions from the rent what rights do I have and how do I challenge them? Thanks

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  • Professional Carpet Cleaning
    by grahams
    Hi

    I'm soon due to move out of a house I've been renting for the last 4 months. I've got two cats, and because of that there was an additional clause added to the Private Residential Tenancy Agreement stating that I had to have carpets and furnishings professionally cleaned and deoderised...
    09-07-2021, 17:31 PM
  • Reply to Professional Carpet Cleaning
    by baldelectrician
    Firstly- if the clause is unfair (which it is in Scotland) you cannot he held to it, however if I were in your position I would be tempted to hire one of these Rug Doctor devices to clean the carpets and make the place smell fresh.

    The LL will have a hard time deducting money if you leave...
    28-07-2021, 00:04 AM
  • Broken bed replacement
    by msc0323
    Hi there,

    We are private tenants (professionals) in Scotland where we rent a two bed furnished flat where we have been living for almost a year.

    the flat is in a very good condition with very reasonable agents/landlords. When we moved in we had issues from previous tenants...
    27-07-2021, 18:48 PM
  • Reply to Broken bed replacement
    by theartfullodger
    Follow shelter Scotland advice - check their website ( Scotland ! ).

    And or 'phone them 0808 800 4444
    27-07-2021, 21:03 PM
  • Reply to Professional Carpet Cleaning
    by DPT57
    It is sometimes said, (on here and elsewhere) that a tenant must return the property in the same condition that it was let, but my understanding is that this isn't strictly true. If the tenancy agreement has a valid clause requiring you to clean the carpets on exit then this should be enforceable regardless...
    10-07-2021, 17:38 PM
  • Reply to Professional Carpet Cleaning
    by grahams
    Thanks for your feedback everyone, I'll get them cleaned, that definitely feels like the least-hassle and least-stress option...and I did agree to do it. And I completely agree re the point about pet-friendly accommodation - it was hard enough to find somewhere that accepted the cats, so I don't want...
    10-07-2021, 10:01 AM
  • Reply to Professional Carpet Cleaning
    by landlord-man
    Too late now, but I would have got the stains cleaned by the Landlord at the beginning of the Tenancy - or agreed a £££ off your first months rent to "compensate" for the condition.

    Then, at the end, you would be happy to clean properly knowing the carpets were clean to begin...
    10-07-2021, 09:28 AM
  • Reply to Professional Carpet Cleaning
    by jpkeates
    The clause requiring the professional cleaning isn't legal, so it can't be enforced (Tenant Fees Act).
    The agent (and landlord) should have known that.

    However, from a moral point of view, you agreed to the clause, which was added purely to facilitate your staying there with your...
    10-07-2021, 08:41 AM
  • Reply to Professional Carpet Cleaning
    by BTL investor
    I think the landlord would have a fairer case for holding you to the cleaning clause than you would for trying to wriggle out of paying for it, because the tenancy agreement that you agreed to states that you would pay for the carpets to be professionally cleaned at tenancy end.
    You might get...
    10-07-2021, 08:29 AM
  • Reply to Professional Carpet Cleaning
    by ash72
    I would get them cleaned so that you have a receipt for it so you get your deposit back. The problem is that if you don't, your probably going to make the LL think twice before letting a T with pets take on a property in the future, limiting accommodation for other T's.
    09-07-2021, 18:45 PM
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