problem with tenancy agreement...long

reallylost

Thanks for the replies.
I dont want to "dob" anyone in. I just want to do the work within the agreed timescale without him coming in every day to have a go that we arent doing it fast enough for him.
I locked the door yesterday and left the key in hoping he would get the hint to leave us alone for a bit, but he just came to the front room window and knocked until we opened the door.
He was very unhappy that he is "not welcome in his own home" and insisted that I tell him there and then if we were going to have it finished by christmas.
I explained that if we could get a builder in to do the structural work then yes, but if he means the whole build then no.
He was not pleased and said that we should have saved more and that he wanted it in writing so he can instruct his solicitor to commence proceedings against us.
My husband has taken the letter in to work today and as he stays here at weekends we will have nothing but aggro all weekend...oh joy.
Any idea how I get him to stop him having a go at us? Can I ask him to only communicate in writing or is that a bit rude when he is staying within 200 yards of the house? Am dreading putting the washing out!
Thanks S

RAS

For heaven's sake have you not listened to the previous advice!

He is not legally allowed to come to the house all the time. You need to speak to a laWYER TODAY. gET A FREE HALF HOUR MEETING.

reallylost

RAS wrote: »

For heaven's sake have you not listened to the previous advice!

He is not legally allowed to come to the hose all the time. You need to speak to a laWYER TODAY. gET A FREE HALF HOUR MEETING.

Sorry
will go now
S

reallylost

HI
have made an appointment at a solicitors for next week (earliest they had) for a free 20 minute consult.
Have had another visit from himself (LL) and I said that he couldnt keep coming round the house, to which I was told that as we only rent the house and garden and not the rest of the land (smallholding with 2 barnes and paddock) and he has mail coming everyday he had every right to come by, pick up his post and do things around the grounds....shall I just wait and see what the lawyers say next week or can I stop receiving his mail somehow?

Sorry to be a pain
Thanks S

ViolaLass

Could you ask the postman to take your LL's mail to the caravan?

theartfullodger

Wow!!

A few points...

a)

In the event that satisfactory progress is not made with the said work, you shall be deemed to be in breach of the Condition of the let and our client LL shall be entitled to terminate this agreement and to serve you with Notice to Quit.

Very interesting but unless you agree to leave (who would) he must take steps through the sheriff court to gain possession... see

http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants

b) So it's a SAT is it?? Well it might not be.. Were you served an AT5 before (no, really, Landlord must be able to prove before) you signed the tenancy?? If not you don't have an SAT you have an AT with more rights...making it harder for LL to get you out... (Ahh, shame...) Many amateur landlords get that process wrong (All together now, Ahhh.... ).
see..
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#1

c) Re "Rent" I think (sorry I'm using an English term here but suspect the same logic will work in God's ain countree..) you are not paying rent as money but as "moneysworth" so it is rent (certainly HMRC regard it as rent to be taxed..)

d) Landlord registered is he?? If not maybe criminal offence & up to £5 fine - check if property is registered at..
www.landlordregistrationscotland.gov.uk

e) landlord comes to caravan onsite & stays?? Does the tenancy describe the whole site & if so are there any exclusions (eg the property known as "17 Acacia Avenue" but excluding the garden shed...). If he hasn't excluded the barn/caravan you can tell him to F*** off (I think, but check with Shelter)...

f) You need help - call Shelter, 0808 800 4444 but they are a charity & you may have to wait. They will probably know more about LL/tenant Scottish law than the guy you see in the high street. No offence to any browsing Solicitors but the last time I asked my Scottish solicitor to draw up a tenancy he had missed a couple of key points I had to put him for him (and than pay his bill..). CaB will be helpful but it may depend on if the local branch have someone really hot on LL/T law. The Shelter (Scotland - dont go into the England site ) is a wealth of wonderful info from the experts (who have good relations with eg Scottish Association of Landlords, landlordaccreditationscotland etc etc..)

g) PRHP (? who./. err these guys...
http://www.prhpscotland.gov.uk/prhp/1.html
) You were told about them before tenancy like you should have been ??

Best of luck, this one's a tricky one - but you knew that..

Cheers!

Artful (Registered, accredited Scottish Landlord, still learning, since I started in 2000)

theartfullodger

Re landlord visiting see...

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#5

puddy

does the op need to withhold 22% of the 'rent' in order to cover tax?

theartfullodger

puddy wrote: »

does the op need to withhold 22% of the 'rent' in order to cover tax?

Only if landlord is not resident in UK - since he seems to stay onsite weekends this seems unlikely...

re any violence/threats of violence... report to police without fail, get a crime report number, if they refuse crime number write letter/email outlining issues/violence/threat, send it, keep copy, specifically requesting number in that letter

reallylost

theartfullodger wrote: »

Wow!!

wow yourself, thanks for the reply.

A few points...

a) Very interesting but unless you agree to leave (who would) he must take steps through the sheriff court to gain possession... see

http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants

b) So it's a SAT is it?? Well it might not be.. Were you served an AT5 before (no, really, Landlord must be able to prove before) you signed the tenancy?? If not you don't have an SAT you have an AT with more rights...making it harder for LL to get you out... (Ahh, shame...) Many amateur landlords get that process wrong (All together now, Ahhh.... ).
see..
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#1


b00gger the AT5 is attached to the agreement so thats all correct

c) Re "Rent" I think (sorry I'm using an English term here but suspect the same logic will work in God's ain countree..) you are not paying rent as money but as "moneysworth" so it is rent (certainly HMRC regard it as rent to be taxed..)

Dont know what I should do about this


d) Landlord registered is he?? If not maybe criminal offence & up to £5 fine - check if property is registered at..
www.landlordregistrationscotland.gov.uk

Yes have checked he is registered.

e) landlord comes to caravan onsite & stays?? Does the tenancy describe the whole site & if so are there any exclusions (eg the property known as "17 Acacia Avenue" but excluding the garden shed...). If he hasn't excluded the barn/caravan you can tell him to F*** off (I think, but check with Shelter)...

The tenancy does exclude the sheds and other land. another strike

f) You need help - call Shelter, 0808 800 4444 but they are a charity & you may have to wait. They will probably know more about LL/tenant Scottish law than the guy you see in the high street. No offence to any browsing Solicitors but the last time I asked my Scottish solicitor to draw up a tenancy he had missed a couple of key points I had to put him for him (and than pay his bill..). CaB will be helpful but it may depend on if the local branch have someone really hot on LL/T law. The Shelter (Scotland - dont go into the England site ) is a wealth of wonderful info from the experts (who have good relations with eg Scottish Association of Landlords, landlordaccreditationscotland etc etc..)

g) PRHP (? who./. err these guys...
http://www.prhpscotland.gov.uk/prhp/1.html
) You were told about them before tenancy like you should have been ??

It is attached to the agreement too.

Best of luck, this one's a tricky one - but you knew that..

very true

Cheers!

Artful (Registered, accredited Scottish Landlord, still learning, since I started in 2000)

Thanks for the help

S