problem with tenancy agreement...long

Pepzofio

theartfullodger wrote: »

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

Yay! Artful's here - resident font of all north-of-the-border-related-tenancy-law knowledge. :beer:

But re the above - typo surely? Or is it really only a £5 fine??? (I know the living's supposed to be cheaper up north, but even so...)

reallylost

ViolaLass wrote: »

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

The caravan is inside a barn and not accessable (sp) to anyone but LL whole other issue re planning!!!!??
S

theartfullodger

Sadly I'm getting out of my depth with these.... re...

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/getad...ed_tenancies#1


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

Maybe not. Discuss it with Shelter/a solicitor who understands LL/T law. It was very very very strongly stressed at the last Scottish landlord course I went on that the LL must be able to prove that AT5 was served earlier than tenancy signed. Some AT5 forms now have space for tenant to sign, date & time to that end, ditto tenancy (need both time to prove it). I think instructor said a Sheriff had chucked out a possession hearing simply because both tenancy & AT5 were in one bundle - I seem to recall it went thus...
Sheriff "May I see the documents"
(docs handed over)
Sheriff "Only one document" (holds up stapled bunch) - dismissed...

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

Dunno, talk to solicitor.

As fixed term is to 2014 I guess you have some serious time to pursue this.. but could be expensive..

Best of luck..

Artful

theartfullodger

Pepzofio wrote: »

...............font of all ............

- well, I've been accused, some say fairly, of being a p**s artist often enough: Seriously I really don't know that much, just been a LL & gone on a few Scottish courses (SaL & landlordaccreditationscotland).

But re the above - typo surely? Or is it really only a £5 fine??? (I know the living's supposed to be cheaper up north, but even so...)

... err... you may be nearer the truth than you expected. As I recall there have been no/very few cases where non-registered LLs have been taken to court. Clearly were it threatened LL would simply register (online, very easy).

I have pointed out, to the relevant council registration dept, over a period of 2+ years, in over 7 emails & phone calls & face2face conversations that a particular property is unregistered. I've even given then LLs name & address.. Response ? Zippo. I raised it with my councillors/head of housing ctte, MSP. Response ?? Where is the property please from someone who I'd already had an email exchange with about the self-same house..

Heigh ho, we'll get the crooks, cheats and tax-dodgers in the end,,,

How much is the fine ?? See...
http://www.legislation.gov.uk/asp/2004/8/section/93

RAS

Any news, OP?

reallylost

Hi all,

I will give a quick update for those of you still with me...I went to see a solicitor and was advised that until he did anything properly in writing I should just ignore him. Helpful eh?

So on Saturday we get a letter from his solicitorgiving us 3 options..

1 He gives us notice to quit we leave quietly and he won't sue us.
2 We Guarrentee to finish by christmas
3 He takes over the build and we start paying him a full rent.

We have 14 days to take one of the options

I have taken this into my solicitor and she wants to check the legalities but thinks we should just take option 1 and chalk it up to experience.
My DH also thinks we should do that as we have all had enough now and just want to be left alone.
I will let you know if anything else comes up or what our final decision is.
Any thoughts would be welcome
Thanks S

clutton_2

i would take option one and move on with your life... this has been a huge millstone hanging round your neck...

reallylost

Hi there
Thanks clutton for the reply.
sorry its taken a while to come back on but my DH had a heart attack an hour after I posted and I have been running back and forth to the hospital since. Not easy with 4 kids and a 70 mile round trip...thank god parking is free!!!
I agree that we just need to get out now and will be putting it in writing asap.
hopefully LL will give us a bit of time to sort everything out. He does know what has happened but not contacted us so I dont know what he will do.
I will just start looking for a place in between the hospital runs.
Thanks all for your help.
S