tenancy issues - Scotland

Booboomushu

Hi
I've joined to ask for help on behalf of a work colleague. English isn't her first language and I'm worried her landlord is taking advantage of this. Property is in Scotland.


She moved into a flat in September this year, her contract states a short assured tenancy but she didn't sign an AT5 form (?), from what I've read this makes it an assured tenancy instead. She paid a deposit but this hasn't been registered, I've checked with all three schemes. Landlord is registered.


She's having problems with her boiler, it broke down and landlord sent engineer to fix. Engineer turned off gas and put a 'do not use' sticker on boiler, reason on sticker 'flue not sealed'. A few days after this someone entered her flat without her knowledge and turned the boiler back on (possibly the landlord's agent). Boiler is apparently working intermittently but leaking fluid and noisy. Landlord's agent is becoming difficult and will only communicate via text or email and is stalling on fixing.


The flat sounds like a dodgy set up, it's a studio flat in a block of twelve. Her contract states the landlord will pay council tax and gas/ electricity. At the moment she tops up gas/electricity using a key then sends receipts to landlord's agent who deducts the amount from her next months rent. I've never heard of this before, does this sound normal? All the flats belong to the same landlord and it looks as though he's divided one property into four. The boiler in her flat services all four flats on her floor, therefore while the boiler has been broken no-one has any heating or hot water. With the part in her tenancy agreement about council tax, does this mean he's possibly paying one lot of council tax for the four flats and declaring them as one property?


So what do we do now if the landlord's agent still refuses to do anything? HSE? Council?


I've rented myself for years and have never come across this before so I'm a bit stumped. Sorry for the ramble.
P.S by the sounds of it the other tenants didn't sign an AT5 or have their deposits protected either, I find it bizarre a landlord could be this bad!

marksoton

Sounds a dodgy as hell mess!

G_M

* Write to the landlord with copy to agent requesting boiler repair or replacement within 3 days

* check the LL is registered with the council - a Scottish requirement

* don't worry about deposit at this stage

* since it appears she is being re-imbused for gas/electric bills, albeit in the following month, this sems to compy with the agreement

davidmcn

You can check how the property is registered for Council Tax on the Scottish Assessors website:

https://www.saa.gov.uk/

theartfullodger

Booboomushu wrote: »

Hi
I've joined to ask for help on behalf of a work colleague. English isn't her first language and I'm worried her landlord is taking advantage of this. Property is in Scotland.


She moved into a flat in September this year, her contract states a short assured tenancy but she didn't sign an AT5 form (?), from what I've read this makes it an assured tenancy instead. ...

No: The AT5 form simply needs to be SERVED prior to her signing tenancy: The wise landlord ensures a tenant signs, dates & times the AT5 (& tenancy agreement) but it is not necessary....

...She paid a deposit but this hasn't been registered, I've checked with all three schemes. Landlord is registered...

Good: She can sue landlord - IF it should have been protected. See Shelter Scotland advice on unprotected deposits
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/unprotected_deposits

She's having problems with her boiler, it broke down and landlord sent engineer to fix. Engineer turned off gas and put a 'do not use' sticker on boiler, reason on sticker 'flue not sealed'. A few days after this someone entered her flat without her knowledge and turned the boiler back on (possibly the landlord's agent). Boiler is apparently working intermittently but leaking fluid and noisy. Landlord's agent is becoming difficult and will only communicate via text or email and is stalling on fixing.


The flat sounds like a dodgy set up, it's a studio flat in a block of twelve. Her contract states the landlord will pay council tax and gas/ electricity. At the moment she tops up gas/electricity using a key then sends receipts to landlord's agent who deducts the amount from her next months rent. I've never heard of this before, does this sound normal? All the flats belong to the same landlord and it looks as though he's divided one property into four. The boiler in her flat services all four flats on her floor, therefore while the boiler has been broken no-one has any heating or hot water. With the part in her tenancy agreement about council tax, does this mean he's possibly paying one lot of council tax for the four flats and declaring them as one property?


So what do we do now if the landlord's agent still refuses to do anything? HSE? Council?


I've rented myself for years and have never come across this before so I'm a bit stumped. Sorry for the ramble.
P.S by the sounds of it the other tenants didn't sign an AT5 or have their deposits protected either, I find it bizarre a landlord could be this bad!

She should write (yes, WRITE! - keep copy) about repair issues and others to landlord and 'phone Shelter Scotland for advice on 0808 800 4444

see
http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation
&
http://scotland.shelter.org.uk/get_advice

Booboomushu

Thanks for the advice. Sorry I should have been more specific. She was never given an AT5 form. None of the other tenants have received one either.

She has a phone number and email address for the agent but was never given an address for the landlord to write to. If we ask the agents and they refuse to give one am I right in thinking we can find out through the land registry website?

Pixie5740

No because the Land Registry only covers England & Wales. You'd need to check the Registers of Scotland.

theartfullodger

You said Landlord is registered:. His address will be (should be) on registration site.

If not contact council.

Call Shelter 0808 800 4444 for advice.

Someone is a crook

Pixie5740

theartfullodger wrote: »

You said Landlord is registered:. His address will be (should be) on registration site.

If not contact council.

That's a good point. I was forgetting that even when a landlord in Scotland uses a letting agent it's still the landlord's address that appears on the register rather than an address care of the letting agency.

davidmcn

Also, proprietor's address in the Land Register will just be the one they had at the time of the last transaction registered there, not necessarily the current contact address (often it's the address of the property, which won't help you!).

theartfullodger

davidmcn wrote: »

Also, proprietor's address in the Land Register will just be the one they had at the time of the last transaction registered there, not necessarily the current contact address (often it's the address of the property, which won't help you!).

Land Registry is E&W only:

For Scotland, it's the "Registers of Scotland", not so quick or easy to use as LR in England.
https://www.ros.gov.uk/services/ownership-search