Landlord hasn't put deposit in scheme and no gas safety check

Becca00

I moved into a private rented house in December 2013 with my daughter. I have 3 issues that I'd like some advice on please:

1. The deposit I paid, the equivalent of just over one months rent, has never been put in one of the deposit schemes. There are 3 schemes in Scotland. I have checked with each of them and my deposit has not been registered with any of them.

2. My lease was initially for 6 months. This ended in June 2014. Since then there have been several texts between the landlord and I about getting a new lease drawn up and he has never done this. How will this affect my tenancy? It was a short assured tenancy.

3. There is no up to day gas safety check has been done for the central heating. This was mentioned when I first moved in but has never been done. In my tenancy pack there is a gas safety certificate from July 2009, and nothing has been done since

My landlord lives a couple of hours away but is nearby most weekends at his holiday cottage, so could easily have sorted out the lease long before now. I've only seen him once since moving in, when he came last year to do a quick check of the property. There are no issues with the property. I pay my rent by standing order each month and keep the property clean and tidy, and I've had no repairs etc that would require me to get in touch with my landlord.

He seems to be a very pleasant person and I think he's quite laid back and just doesn't get round to doing things, but it doesn't sit easy with me that he's not acted on the three points above, despite gently reminders. I don't want to rub him up the wrong way as we have a good relationship, so I'm not sure what to do. He was supposed to come tomorrow for another quick check of the property and I was going to raise the above points with him again, but he hasn't been in touch to arrange a time so it looks like he's not coming. Any suggestions as to what I should do?

molerat

1. http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/tenancy_deposit_schemes#Tenancy%20deposits%20schemes

2. The tenancy renews on the expiry of the original for the same period unless stated differently in the agreement.

3. This is a criminal offence. http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

Is the landlord and property registered for letting with the local council ? https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowHomePage

Becca00

Hi Molerat, the landlord and property are registered I think. On one of the things in the tenancy pack it has his registration number. I just checked it on the link you sent and the address is registered.

theartfullodger

Tenants have been getting 3x deposit for unregistered ones.. see e.g...

http://www.landlordzone.co.uk/forums/showthread.php?66593-2-appeals-against-3xdeposit-penalty-fail
Do this...
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/tenancy_deposit_schemes#6

Silly landlord: Wonder what else he "forgot": Permission to let from mortgage company?? Declaration of ALL rent to HMRC?? Safe electrics?? EPC?? PRHP letter?? AT5 ??

re. 2: What does the original tenancy say about carrying on?? e.g,. the ones I use state

.... If this agreement is not brought to an end by either party on the end date it will continue thereafter on a monthly basis until terminated by either party giving no less than two months notice in writing to the other party.

Otherwise tenancy continues by "tacit relocation".
http://scotland.shelter.org.uk/get_advice/downloads_and_tools/jargonbuster/jargonbuster_terms/t/tacit_relocation
You do not need a new signed document: You have a valid, legal, tenancy... today!

Becca00

Have thoroughly read over my tenancy agreement and it's similar wording to yours, so that's a plus. I'm sure the electrics aren't all they should be. Lightbulbs have a habit of blowing in the ceiling lights, and I mean really blowing, shattering! I've given up replacing some of them as they don't last long!!

I'm looking for somewhere else to live for numerous reasons not related to these issues, and am quite worried about my deposit, but good to know I'll have some come back due to the landlord not registering it.

It'll take a while to find somewhere new as decent private rentals at an affordable price are few and far between around here. I've been looking for the last 7 or 8 months and nothing has come up yet My biggest worry is the gas safety check issue. How do I know if the boiler is safe? Is it possible for me to have a check done and bill the landlord for it?

diamond_dave

Landlords like this bloke really get on my nuts!! How many people died through CO poisioning? If this guy does not have a gas safety certificate he should go to prison for a spell. as a landlord myself I would NEVER mess with peoples health by not getting it checked. Ask him for a copy, if he doesn't come up with the goods report him to Gassafe or council.

BitterAndTwisted

If the OP is genuinely concerned about the lack of a gas-safety check s/he could arrange for one to take place at their own expense and deduct the amount paid from their rent. And inform the landlord of their intention to do so. This is not something I'd waste time waiting for the landlord to take care of. It's much too serious.

dodger1

Becca00 wrote: »

My biggest worry is the gas safety check issue. How do I know if the boiler is safe? Is it possible for me to have a check done and bill the landlord for it?

Get one of these just in case,

https://www.amazon.co.uk/s/ref=nb_sb_ss_i_0_6?url=search-alias%3Daps&field-keywords=carbon+monoxide+detector&sprefix=carbon%2Caps%2C293