Tenant responsibilities

lookstraightahead

Lover_of_Lycra wrote: »

Why is that date relevant to a tenant in Scotland?

Sorry didn't see Glasgow

Janders99

Thanks for all the replies, I appreciate you taking the time to reply.
I have never had a lease, I was looking for somewhere at short notice, moved in expecting it to be for 6 months and 12 years later I was still there so i never got anything in writing. There have never been any inspections, the only time he has come in was to replace the boiler about 5 years ago. I did minor repairs myself. He seemed happy with me just paying the rent each month and has never had to pay out anything(other than the boiler) I have asked him to give me a breakdown of where he gets this figure from and what it is for so will see what he says but i am worried that he takes me to small claims court if I don't pay and it messes up my credit file.

elsien

Anyone can take you to a small claims court. Doesn't mean they'd win. And even if by some miracle he did, if you pay straight away it has no impact on your credit record.
If there was no lease, was there even an inventory at the start of the tenancy?
Did you take photos when you moved out showing how you left the property?
Either way, unless you've left big holes in the walls and ceilings he really doesn't have a leg to stand on.

G_M

You paid a deposit. Was it protected by the landlord in a deposit scheme as required?

If yes, put in a claim to the scheme for the full return of the deposit. The LL can then argue that it should no be returned, and present his evidence. You present yours. The scheme decides.

If not, you can claim a penalty for failing to protect. See the sheter link above which says:

If you have paid a deposit and your landlord doesn't register it within 30 working days and provide you with the details above, then you can apply to the First-tier Tribunal for Scotland Housing and Property Chamber and the tribunal can order the landlord to pay you up to three times the amount of the deposit paid. You can do this up to three months after the tenancy has ended.

But either way, if he is claiming more than the deposit (and assuming you decline to pay, as you should) he would have to use the courts.

No court would award him those sorts of costs. He can claim for

* cleaning (unless it was dirty when you moved in)
* damage you caused (eg iron burns on carpet; broken window)
But he cannot claim (well he can try!) for 'fair wear and tear' - and after 12 years that includes a worn carpet and faded paintwork.

AnotherJoe

I'm just in the process of getting hall stairs landing and all downstairs carpeting replaced after I'd guess 15 years, and repainting dining room and living room , so yes the LL is living in a fantasy land if he doesn't understand the concept of fair wear and tear. Were this a rental and not my house that wouldn't give me the ability to claim against the tenant for having the temerity to walk on the carpets etc. .
If he did take you to small claims all you need do is point out it's been 12 years and his case will fail in 5 minutes
Unless you've actually created some damage that's more than fair wear and tear you are also entitled to your full deposit back. So, start the process of claiming that unless you really did trash the place.

[Deleted User]

Janders99 wrote: »

Thanks for all the replies, I appreciate you taking the time to reply.
I have never had a lease, I was looking for somewhere at short notice, moved in expecting it to be for 6 months and 12 years later I was still there so i never got anything in writing. There have never been any inspections, the only time he has come in was to replace the boiler about 5 years ago. I did minor repairs myself. He seemed happy with me just paying the rent each month and has never had to pay out anything(other than the boiler) I have asked him to give me a breakdown of where he gets this figure from and what it is for so will see what he says but i am worried that he takes me to small claims court if I don't pay and it messes up my credit file.

In that case you have an Assured Tenancy.

Even though your tenancy started 12 years ago, before deposit protection was a thing in Scotland, he should have protected by 15th May 2013 by law.

https://www.mydepositsscotland.co.uk/landlords/the-law/deadline-dates

Your landlord could try taking you to the Sheriff Court using a Simple Procedure but he’s not going to win because his claim is ridiculous.

http://www.scotcourts.gov.uk/taking-action/simple-procedure

You on the other hand could sue him if he hasn’t protected your deposit via the FTT for up to 3 times the value of the deposit. Sending him letter 1 in the Shelter Scotland link I posted earlier would probably be enough to put the wind up the stupid git.

Smodlet

I am not sure this applies in Scotland but, given their housing laws tend to make more sense than ours (at least, to me) your landlord can claim only for fair wear and tear, Janders99, not for betterment as he is trying to do.

Please look after your own interests; your LL is all over his. I wish you luck and please let us know how you get on.

da_rule

Smodlet wrote: »

I am not sure this applies in Scotland but, given their housing laws tend to make more sense than ours (at least, to me) your landlord can claim only for fair wear and tear, Janders99, not for betterment as he is trying to do.

You appear to have misunderstood your own link. A landlord cannot claim for fair wear and tear (or ‘betterment’).

anselld

pjcox2005 wrote: »

Potentially a small cleaning cost but even this goes away if the property has to be decorated anyway?

Cleaning has nothing to do with wear and tear. The fact that the value has depreciated to nil as far as betterment is concerned does not necessarily force the Landlord to redecorate. It is up to the Landlord when he/she choses to redecorate.

Hence a cleaning deduction would be fair if it can be evidenced checkout vs checkin.

G_M

pjcox2005 wrote: »

Just out of interest, wouldn't the OP have a case to request their deposit of £400 back as well given all costs are likely to be wear and tear.
OP has admitted cleaning was required, and without seeing check in/chck out repots we don't know.

Potentially a small cleaning cost but even this goes away if the property has to be decorated anyway?

No. Lanlord may decide not to redecorate. He may reduce the rent and choose to let it out in 'as is' condition. It still needs cleaning though.