landlore wont replace gas fire - advice appreciated

theartfullodger

martinsurrey wrote: »

I bet you he can kick the OP out faster than the OP can get the paper work to force him to repair it.

the LL then gets the fireplace removed and re lets.

Maybe, but if this insensitive and inflexible dumb landlord has made one of the two common errors in setting up the tenancy that the stupid & arrogant sometimes make (........ie yes, I did...) then he might find the tenant, if he keeps paying the rent, almost impossible to evict (see below ##).

Just to back up my view that LL is responsible for fixing see
http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation/who_is_responsible_for_repairs
&
http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/physical/rules/repairing
and on that page their (Scottish Government) info leaflet includes

** the installations in the property for the supply of water, gas and
electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order (including installations outside the house but serving it, and which the owner is responsible for maintaining, solely or communally);

** any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order;

## How can an apparent Scottish Short Assured Tenancy actually be an Assured Tenancy with better tenant rights??

An SaT may only be an SaT if it says it is AND
a) it is AT LEAST 6 months initial term AND
b) if landlord can PROVE he served an AT5 form on the tenant BEFORE the tenancy was signed...

So... re..
a) - If tenancy was from (say) 1st Jan 2012 to 29th June 2012 initially that is 1 day less than 6 months so regardless of what the paperwork says it's an AT not a SaT.
b) If an AT5 is not served on tenant prior to tenancy signing (normally proved by date & time & witness on both documents...) it ain't an SaT but an AT

ValHaller

tkwad wrote: »

I worry my 2 year old will be affected

Eskimos bring up babies in igloos?

Road_Hog

theartfullodger wrote: »

I (as a Scottish Landlord..) understood anything provided in house (fittings, landlord's furniture, garden shed...) had to work & be maintained..

To which he might hear the phrase 'rent review'.

tkwad

the artful lodger, your post kind of lost me, we have a short assured tenancy into third year now reviewed and set 12 months at a time and I have also contacted sholter but have been advised we face either a 2 month notice period or rent increase for doing so....If you are a decent landlord do you have any propertys up for lease? LOL