Return of deposit - LL is withholding until new tenant pays deposit.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • toys19
    replied
    Thank you kindly for your advice.
    I have some sympathy with K, he witnessed the recorded telephone conversation between L and LL about L taking over tenancy, and duly packed and left on 31st Mar.
    K as a tenant is much less likely to have an understanding of tenancy law..

    Leave a comment:


  • theartfullodger
    replied
    K's "valid notice to quit" (was it accepted as such by landlord in writing?) will have assumed vacant possession with nobody remaining in the place, no belongings remaining, ALL keys returned: K has not complied with actual or implied terms of his notice2quit. So I have some sympathy with landlord.

    K should stop "repeatedly asking" landlord but put demand in writing then raise a dispute with whichever deposit scheme holds the deposit.
    http://scotland.shelter.org.uk/get_a...eposit_schemes

    However someone tell L that he does not need to pay deposit or sign a tenancy as he has possession of the place, has been paying rent (hopefully bank transfer or has receipt) so has a tenancy (albeit verbal) and as he moved in (presumably) before any AT5 was served on him he has an AT not AST & can can only be evicted for breach of contract.
    http://scotland.shelter.org.uk/get_a...ured_tenancies
    &
    http://scotland.shelter.org.uk/get_a...ured_tenancies
    - but L does have a right to a written agreement (see link above) but I don;t think he can be forced to sign it.

    (No offence but..) seems we have silly tenant, silly landlord, inadvertently very lucky Lodger.

    Both K & L should probably independently 'phone Shelter Scotland 0808 800 4444.

    Leave a comment:


  • Return of deposit - LL is withholding until new tenant pays deposit.

    My mate in Scotland has a little issue, I am not familiar with scottish tenancy law so its all a bit complex.

    1) AST for 2 bed flat in tenants name lets call him K. Deposit protected.
    2) He had a lodger L (with LL's permisssion)
    3) K gives valid notice to quit on 31st March 16 and moves out.
    4) On 30th March lodger asks if he can take on tenancy, LL agrees and offers new contract.

    as of today 29/04 L has been living at proeprty and paid agreed rent, but no contract has been delivered L is reluctant to pay any deposit until he sees contract.

    5) K has repeatedly asked for return of his deposit, LL has stated (on recorded answerphone message) when he gets deposit from L he will return K's deposit.

    I assume K just enquires with deposit protection service and gets his deposit back?

Latest Activity

Collapse

  • Opinions on this please
    by Bobthebiker
    Hi all appreciate your opinions on this one from the highland council I seen today as I happen to have a property Up there that will be tenant less from Saturday I guess the devil will be in the detail of the draft lease Residential leasing scheme

    We want to increase the number of houses we...
    22-06-2020, 18:20 PM
  • Reply to Opinions on this please
    by Bobthebiker
    I think It probably does Apply here ,there’s not a lot of details up yet On the council web site but they make reference To hotel workers etc made homeless because they were in tied accommodation and they also want to utilise empty air B and B property’s Sounds like there Trying to prepare for a...
    24-06-2020, 09:57 AM
  • Reply to Opinions on this please
    by royw
    I don't know if it applies here but there seems to be a push to accomodate the homeless who were housed during lockdown and PRS was mentioned. Some will be foreign nationals not entitled to housing benefit, others will have been on the streets because they're drug addicts or alcoholics.
    24-06-2020, 08:22 AM
  • Reply to Opinions on this please
    by Bobthebiker
    Ok thanks for that section I will see what the council are actually offering and take it from there. most tenants stay a year with 18 months being the longest with voids of a few months in between each lease probably because of my caution towards potential tenants, so far I have been lucky and they...
    23-06-2020, 12:38 PM
  • Reply to Opinions on this please
    by Section20z
    I think that would depend on your deal, boilers are indeed excluded on mine and they insist on GCH cover but they guarantee to return property in same condition so I assume they replace kitchen if needed.
    I do know they fully redecorated one of mine last year between tenants but to be honest...
    23-06-2020, 10:25 AM
  • Reply to Opinions on this please
    by Sheena McQ
    Best advice is don’t get yourself into something you can’t get yourself out of. If you want rid of the responsibility, get an estate agent to market for sale, let the looming landlords buy it if they’re so sure what they’re selling you is such a good deal.
    22-06-2020, 22:46 PM
  • Reply to Opinions on this please
    by Bobthebiker
    When you say all repairs are we talking big ticket items like boilers etc with no cost to me, is It effectively run as One of there own social housing stock then, would the council replace the kitchen say in ten years as they would with there own properties, There’s nothing To dislike about Rent...
    22-06-2020, 22:36 PM
  • Reply to Opinions on this please
    by Section20z
    I have 2 properties let to local authority's on similar schemes down south for about ten years. They do all repairs and pay rent on time with no voids. What's not to like....
    22-06-2020, 21:41 PM
  • Reply to Opinions on this please
    by baldelectrician
    Several local councils do that in my area.

    I have known 3 landlords that used it and they had no problems with it

    Our local council also buy homes back for about market value under certain circumstances.

    Remember there is no right to buy in Scotland any more.
    22-06-2020, 20:25 PM
  • Reply to Opinions on this please
    by Bobthebiker
    It first popped up on my Facebook for sum reason artfull but if you put highland council lease your property Into google the top result Will take you to there page , I could be wrong but I thought it was Something new in response to the COVID situation, When you did it were you the landlord as they...
    22-06-2020, 19:51 PM
Working...
X