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Thank you for your practical advice all. I will contact the lead tenant today and hopefully he accepts my apologies and proposal sum to cover his expenses. -
I would give them the deposit back in full, offer to pay the court fee and send them a bunch of flowers to stop the court action.
You don't have a leg to stand on and if it goes to court you will lose and have to pay 3 * deposit amount.
The court action is quite time consuming so your tenants may prefer to settle.Leave a comment:
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Try and agree a settlement: It seems sheriffs usually award 3xdeposit - see
http://www.landlordzone.co.uk/forums...t-penalty-failLeave a comment:
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This advice leads to duplicate threads which if not caught early will create difficulties when trying to merge the threads later.Originally posted by Wannadonnadoodah View Post
Please use the 'report post' option and if you wish advise the OP that you have requested the thread to be moved.Leave a comment:
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You need to ask in the Scotland section.Originally posted by Kem T View Post
Check out Shelter scotland.
http://scotland.shelter.org.uk/get_a...eposit_schemesLeave a comment:
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I failed to protect the tenant's deposit on time. What are my options
Hi Everyone,
I'm a landlord and I have done the unthinkable and did not protect the tenants deposit. Just at the end of the tenancy, the lead tenant contacted me saying 2 of them ( they are 3 students) needed a place to stay till their new flat was ready. I had already rented out to a new set of students. I however managed to speak with the parents of the new tenants and they agreed to let the existing tenants stay on as they weren't moving in for the next few weeks. I also got the parents to agree to accept a mere token as rent for the extended stay. My exisitng tenants were to pay a £100 each for their stay. They would normally have paid £531 (normal rental rates). One of them paid immediately and the other did not.
At the end of the tenancy, I personally returned their deposit minus pre agreed amount of 100 for extra stay for one of the tenants and £60 for carpet cleaning. I have all evidence that shows that the dedcuted amount was pre-agreed. The lead tenant came back insisting the deposit must be returned fully and that I had deprived them of being able to go through the dispute resloution process. I then deposited their full deposit amount into a deposit protection scheme and commenced a dispute resolution process. The dispute resolution process is still ongoing.
The tenant has now put a claim through the sherrif court.
What are my options?
Can anyone advice me on this.
Any advice will be much appreciated.
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Hi,
I own a property in a block of flats. There was a leak in the roof. The Managing Agent insisted that he must obtain approval from 50+% before work could commence.
My concern is that if 50% is not achieved work would not be carried out.
There are 13 properties. At the time...12-01-2021, 14:33 PM -
Reply to Essential MaintenanceHi,
The property is in Scotland. There is no lease. In accordance with Deed of Conditions each property owner has an equal responsibility to maintain communal parts of the building.
My problem is the Managing Agent is not accepting that it is his responsibility, to carry out essential maintenance...12-01-2021, 15:59 PM -
Reply to Essential MaintenanceWho is the freeholder?
They obey the lease. If the lease says the roof must be sorted it must be sorted. Unless the lease says there is a 50% veto threshold (which is most unlikely) there is no legal justification for such a veto.12-01-2021, 15:36 PM -
Hi,
I own a property in a development of 109 freehold properties in 6 flats. Each block has a lift. We do have a Management Agent.
One flat required a replacement door operator. It took quite a while for the agent to contact and get approval from 50+% of the owners per deed...30-01-2020, 06:42 AM -
Reply to Essential MaintenanceHi,
Thanks for your comments. Please be advised:
The property is in Scotland where there is no requirement for a lease.- Find out how much can be spent without the express consent of the lease-holders (flat owners)
- Find out if there are ways around it (like a vote at an EGM).
- Look at
12-01-2021, 14:13 PM -
https://www.scottishhousingnews.com/arti...rs-tenants
### The tribunal found that the landlord had misled the tribunal in the eviction proceedings and that the applicant, Jesus, was entitled to a wrongful termination by eviction order. It awarded a penalty of £1,350, equivalent to three...11-01-2021, 16:00 PM -
Hi,
I wonder if you can help. I rent a private property in Edinburgh and I moved in last August. When I viewed the property the double glazing units in the bedrooms had blown and I was assured they would be fixed prior to move in. I since moved in and didn’t view the property again and the units...27-11-2020, 11:24 AM -
Reply to WindowsThat’s terrible to hear. I am sorry and I hope you hear soon! 7 months is ridiculous....11-12-2020, 12:34 PM
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Reply to WindowsMaybe the Scots are getting way to much money.
The London FTT has not responded to our urgent critical case correspondence for more than 7 months. In the meantime someone could die given that there are highly lethal building risks involved (like unprotected drops of three stories along communal/public...
11-12-2020, 12:24 PM -
Reply to WindowsHi just to update if interested. The FTT has accepted the application and there is a case meeting for January planned. I’m hoping this is resolved prior to that....11-12-2020, 12:16 PM
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