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Can't afford the rent but I have no Tenancy Agreement :(
Comments
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GM is right, Scotland does have different housing laws to the rest of the UK. Either way your LL can't (legally) just turn up and kick you out. She'd need to serve the proper notices and go to the sheriff court.
If you don't have a physical tenancy agreement then I'm guessing you don't have an AT5 form either. If that's the case you have an Assured Tenancy rather than a Short Assured Tenancy. Good news for you, not so great news for your LL.0 -
GM is right, Scotland does have different housing laws to the rest of the UK. Either way your LL can't (legally) just turn up and kick you out. She'd need to serve the proper notices and go to the sheriff court.
If you don't have a physical tenancy agreement then I'm guessing you don't have an AT5 form either. If that's the case you have an Assured Tenancy rather than a Short Assured Tenancy. Good news for you, not so great news for your LL.
Hey pal, always interested to learn more, what an AT5?0 -
In Scotland landlords have to be registered with the local authority.
https://www.gov.uk/registration-for-private-landlords-scotland
Your LL sounds as if they may have been reluctant to give a written contract as they are avoiding regulations and probably not bothering to declare their income.
Check whether they are registered - if not contact Shelter Scotland and ask them what you should do. Possibly you are not required to pay rent if the LL is not registered?0 -
Hey pal, always interested to learn more, what an AT5?
An AT5 is a form that a LL must give a tenant if they want the tenancy to be Short Assured rather than Assured. The AT5 has to be given to the T before they move into the property.
It's much more difficult for a LL to get the property back when the T has an AT. With a SAT the LL can serve notice at any time after the fixed term providing sufficient notice is given to regain possession of the property. If the T doesn't move out then the LL still has to go to the sheriff court to get an eviction notice.
With an AT on the other hand LLs must instead wait until particular limited circumstances have occurred giving them grounds to seek a possession order against the tenants (such as the tenants being in rent arrears). I think the LL also has to serve notice to the council to let them know that the T could potentially become homeless.
I'd say that at least 50% of my tenancies have actually been ATs. I wish I had understood the difference and the rights I had with one particularly horrific LL.0 -
In Scotland landlords have to be registered with the local authority.
https://www.gov.uk/registration-for-private-landlords-scotland
Your LL sounds as if they may have been reluctant to give a written contract as they are avoiding regulations and probably not bothering to declare their income.
Check whether they are registered - if not contact Shelter Scotland and ask them what you should do. Possibly you are not required to pay rent if the LL is not registered?
You still have to pay rent even if the LL isn't registered as a tenancy does exist. It's a criminal offence for the LL to let out a property and not be registered. I reported a LL for not being registered (she owned several properties so really ought to know her legal responsibilities) and Aberdeen City Council sent her a letter. Big wow! I had hoped the cow bag would be fined £50k instead but no she was sent a letter and continues to let out properties unregistered. Boo.0 -
I reported a LL for not being registered (she owned several properties so really ought to know her legal responsibilities) and Aberdeen City Council sent her a letter. Big wow!
LL registration schemes are mainly job-creation schemes for Council bureaucrats. They still don't like coming out of their offices or doing anything difficult like enforcement action.0 -
LL registration schemes are mainly job-creation schemes for Council bureaucrats. They still don't like coming out of their offices or doing anything difficult like enforcement action.
So it would seem. I still like to check if a potential LL is registered though. If they're not then it makes me wonder what else they can't be bothered to do.
It's a shame really because if used properly the scheme could weed out people like the LL I mentioned.0
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