Can Landlord do this?

JimmyTheWig

AFK_Matrix wrote: »

Just because thats the way the LL does things doesn't mean you have to do it that way!! And no don't text him about the gas certificate WRITE to him. It's not hard and then you have a record of asking him.

Surely if you send an email or text you've got a record of asking him, and exactly what you asked him. As long as you get a response then you've got confirmation that he's received what you sent.

If you send a letter, the best you've really got is confimation that you've sent him an envelope. There's nothing to prove what was in that envelope.

Unless he's ignoring you, I'd stick to a method of communication, such as email, which is easy and where all letters and responses are automatically kept.

Mrs_Arcanum

Any rent notification should show white goods as a separate charge (within the rent). Would ask if the rent will be going down along with a new tenancy agreement? But as you are in Scotland your rights seem better anyway. Still worth checking your rent charge breakdown.

theartfullodger

This landlord sounds like he's a disgrace to landlords and to Scotland/..

Completely agree with 00ec25

At the turn of the year I got a letter from LL saying that he will no longer be repairing or replacing white goods. These are the white goods that were in the house when I moved in so do belong to LL. The washing machine isn't working properly and I have no way of paying for it to be replaced or repaired so just wondered whether him changing his mind is legal?

I'm sure he has to repair or replace them.. (I'm a Scottish Landlord, registered & accredited, and checked this point with Scottish Association of Landlords within last 6 months & was told anything provided (garden shed, white goods, oven..) must work or get fixed.) No get-out.

All this on top of the letter today to say he is increasing the rent by £20 a month too :mad:

Not sure if this is OK if there is no clause in your tenancy agreement saying what will happen re rent increases... Read it, see what it says, post back again please...You can decide to agree by the way... see also..
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_rent/rent_increases

Oh and another point, there was no recent gas safety certificate here, last one was 2009, so can I rightly text him to ask when a safety check will be done?

Blimey, stupid LL!!!

Re all the repairs & gas safety, write (yes WRITE!!! - keep copy) a calm polite letter listing these issues ( and any others) and asking him to fix. If he doesn't take things up with PRHP - see
http://www.prhpscotland.gov.uk/

Got a tenancy issue?

The Private Rented Housing Panel (prhp) can help Scottish tenants and landlords resolve their differences. From 3 September 2007, the prhp will provide tenants with a way to force landlords to do necessary repairs.

- but you knew about PRHP as LL HAD to write to you & tell you about it.. (aye, right..)

You can also call Shelter Scotland on 0808 800 4444 for advice, but they are very busy & overloaded so you may have to wait some time for an answer.. see..

http://scotland.shelter.org.uk/get_advice/how_we_can_help/_free_housing_advice_helpline

Shelter provides a free, national telephone advice line staffed by trained housing advisers. Lines are open from 9am to 5pm, Monday to Friday.
Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available. Through our helpline, we have helped thousands of people solve all kinds of housing related problems, from finding them a place to sleep to suggesting how to handle mortgage arrears.


If you have a housing problem, you can call free on 0808 800 4444 (now free to call from all six of the main UK mobile networks, Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday.

Cheers!

Artful

PS Is he a registered Landlord ?? Look your property up on..
/www.landlordregistrationscotland.gov.uk
- if not fine now up to £50k...

PPS He sounds like a twit who may have got other paperwork wrong.. Before you signed your original tenancy were you served with an AT5 (and could he prove it..)?? If not you don't have an SaT but an AT & will have much stronger tenancy rights...

PPPS What were the original dates of the tenancy (eg 01/10/2009 to 30/06/2009??)

elkay115

Artful you are a god send and I shall dig out my agreement today and check all that you have mentioned.

Can say I have never heard of PRHP before so guess that has never been mentioned to me.

He is registered though because that was one thing I did check out before signing the agreement.

So in essence he does have to repair the white goods?

Will definately check out my tanancy agreement and get back to you.

PS. Can I rent from you lol you sound like a decent LL and there aren't many of them around.

elkay115

Mrs_Arcanum wrote: »

Any rent notification should show white goods as a separate charge (within the rent). Would ask if the rent will be going down along with a new tenancy agreement? But as you are in Scotland your rights seem better anyway. Still worth checking your rent charge breakdown.

Don't have a rent charge break down.

Just that my rent is £ per month.

00ec25

jjlandlord wrote: »

I'd say this only applies to Scotland.
In England there's no statute obligating landlords to repair white goods if this was not contractually agreed.

have amended post to clarify this

elkay115

theartfullodger wrote: »

This landlord sounds like he's a disgrace to landlords and to Scotland/..

Completely agree with 00ec25
I'm sure he has to repair or replace them.. (I'm a Scottish Landlord, registered & accredited, and checked this point with Scottish Association of Landlords within last 6 months & was told anything provided (garden shed, white goods, oven..) must work or get fixed.) No get-out.



Just checked tenancy agreement and It does say on it that the LL will 'look after' white goods etc. So letter will be going off to him with regards the washing machine. Next on the list will be the fridge/freezer which when turned down at it's lowest freezes most things that are in the fridge!





Not sure if this is OK if there is no clause in your tenancy agreement saying what will happen re rent increases... Read it, see what it says, post back again please...You can decide to agree by the way... see also..
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_rent/rent_increases




There is a mention on the agreement about being able to put the rent up on 1st April, so looks like I am stuck with the increase.



Blimey, stupid LL!!!

Re all the repairs & gas safety, write (yes WRITE!!! - keep copy) a calm polite letter listing these issues ( and any others) and asking him to fix. If he doesn't take things up with PRHP - see
http://www.prhpscotland.gov.uk/
- but you knew about PRHP as LL HAD to write to you & tell you about it.. (aye, right..)



The gas safety certificate that is here is actually from 2007 :eek: will write about this at the same time as the washing machine.



You can also call Shelter Scotland on 0808 800 4444 for advice, but they are very busy & overloaded so you may have to wait some time for an answer.. see..

http://scotland.shelter.org.uk/get_advice/how_we_can_help/_free_housing_advice_helpline

Cheers!

Artful

PS Is he a registered Landlord ?? Look your property up on..
/www.landlordregistrationscotland.gov.uk
- if not fine now up to £50k...



He is registered.



PPS He sounds like a twit who may have got other paperwork wrong.. Before you signed your original tenancy were you served with an AT5 (and could he prove it..)?? If not you don't have an SaT but an AT & will have much stronger tenancy rights...



Don't know what an AT5 is but don't see one here.



PPPS What were the original dates of the tenancy (eg 01/10/2009 to 30/06/2009??)

Original dates of tenancy were 06/04/11 to 06/10/11 then on a monthly basis till either of us end the tenancy.


So any ideas on how to word the letter. This is where the fear sets in, because I know what he should be doing, but if I upset the applecart then he can tell me to get out the house which I actually like.

Half my answers are after your questions btw. I seem to have messed up the quote and got a bit confooooosed.

00ec25

either you got an AT5 or you didn't, this is very important because without an AT5 you have an assured tenancy not a Short assured tenancy- an AT gives you much stronger rights than if you had a SAT:

elkay115 wrote: »

Original dates of tenancy were 06/04/11 to 06/10/11 then on a monthly basis till either of us end the tenancy.

if you have an AT rather than a SAT then no you are not on a monthly basis , you are back into a rolling 6 monthly basis

google shows you what an AT5 is http://lmgtfy.com/?q=at5+form

the implications of an AT are rather different

- at the end of the tenancy period an AT will automatically renew itself for the full duration of the original tenancy period , ie without at AT5 form, your tenancy is a series of rolling 6 month tenancies which canyjrm only be ended by
either
a) you giving notice that you want to leave at the end of the next 6 month period
or
b) your LL goes to the Sheriifs court and gets an order - this must be on the basis you have breached a tenancy term, it cannot simply be becuase the 6 month period has ended (ie it is MUCH harder for him to evict you so you have a more powerful position from which to sort out the other issues in your post)
or
c) you both mutually agree to end it on what ever terms you both agree to

elkay115

Nope I don't have an AT5.

So that means I am on a rolling 6 month contract and not monthly and at the end of each 6 months he can't just end my tenancy for no reason other than if I am in breach of the contract in some way?

So what if he says he did give me one though? I guess he would need to provide proof of this with my signature on it?

theartfullodger

It's not do you have an AT5, but can landlord prove he served one - eg your signature, date & time on his copy of AT5 & tenancy agreement before tenancy agreement signed. He does not have to give you a copy but would be very unlikely & profoundly stupid not to.

Was tenancy witnessed? If not, another indication landlord doesn't know what he's doing. As he's not done gas safety cert he's profoundly stupid and I suspect this "expert lawyer" is simply expertin thinking they know everything...

'Phone Shelter & check all these things out 0808 800 4444. There are sample letters on their website
http://scotland.shelter.org.uk/get_advice/downloads_and_tools/sample_letters

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