Tenant responsibilities

cr1mson

If this is an informal tenancy is the landlord even registered? You can check here

https://www.landlordregistrationscotland.gov.uk/

Renting out property without being registered with the council is a criminal offence and landlords can be fined up to £50,000 if found guilty in Scotland.

Janders99

Thank you for the links, I checked and it is registered. To clear up any misunderstanding, I paid £400 deposit and the landlord claims it will cost £4000 to get the flat up to scratch and he wants me to pay £2500 of that. Luckily I did take some pictures just before I left so have at least some evidence that it was generally ok when I left.

Smodlet

I hope, if your new place is rented, Janders, that your new LL is a whole lot more clued up and not living in fantasy land. If you are buying, congrats. Either way, I hope you will be happy in your new home.

Janders99

Thanks again everyone. A quick update on this, the landlord is now saying he will accept £2000(lucky me) which is apparently the cost he has come up with to redecorate the whole place. He is very reluctant to put a breakdown of where he gets this figure from in writing and wants my new address so he can take things further whatever that means. I did point out that after 12 years it was reasonable as landlord to expect to have to redecorate and that as a tenant I wasnt liable for this but he wasnt listening. Anyway I'm not giving him my new address and it is obvious this isn't going to be settled amicably. Any further advice would be appreciated, thanks again.

Carrot007

Janders99 wrote: »

Anyway I'm not giving him my new address and it is obvious this isn't going to be settled amicably. Any further advice would be appreciated, thanks again.

You have a great case. He is just being a chancer.


However You should give him your new address and let him do what he will as they may be perceived as a bad point if it ever went to court. (and he could serve it at your last known address, which will be linked to you and get a default ruling, he seems to care little that this might harass any new tennant as he cares not much for them).


Just say, I refute any deduction (have you got your deposit back after doing so?), give him your new address and tell him to do what he will. At least then if he issues it at your old address you have reason to reverse it.

G_M

Unless I've missed it,you have not said whether your deposit was registered in a scheme.



If yes, apply to the scheme to have the full deposit returned. The LL can then decide whether to contest this, and will have tojustify his deductions.


If no, take him to the (I believe in Scotland) Sheriff's Court for failing to register.


Rather than him chasing you for £4K, or £2K or whatever, you should be chasing him for your £400 deposit!

scottishblondie

Janders99 wrote: »

There was no inventory done at the start.

Without an inventory you automatically win here, even if he takes you to court. Claim your deposit back from the scheme and move on, you have nothing to worry about.

As G_M says you've not mentioned whether your deposit is actually in a scheme. If your LL has not registered your deposit then he is the one that needs to worry!

Comms69

scottishblondie wrote: »

Without an inventory you automatically win here, even if he takes you to court. Claim your deposit back from the scheme and move on, you have nothing to worry about.

As G_M says you've not mentioned whether your deposit is actually in a scheme. If your LL has not registered your deposit then he is the one that needs to worry!

Not automatically.


The inventory is only one piece of evidence. the LL could supply a video walkthrough for example. Or copies of invoices for works done.

snilloct1957

Look again at the links provided by other posters, they will go a long way to reassure you that the LL is having a laugh if he expects you to pay for reasonable wear and tear on carpets and decor that is 12 years or more old. Remind him again of his legal obligation to return your deposit within the stated time-frame. Take legal advice from your local housing dept or one of the many charities in the housing sector, and you'll find that you are on solid ground, and he is going to lose any court case.

scottishblondie

Comms69 wrote: »

Not automatically.


The inventory is only one piece of evidence. the LL could supply a video walkthrough for example. Or copies of invoices for works done.

Yes I suppose so, but does there not generally need to be evidence that the tenant then received the property in that state, such as the tenant's signature on an inventory? In the end I suppose it comes down to what can reasonably be believed.

I still don't think OP needs to be concerned, unless they actually caused damage. After a 12 year tenancy I can't see any judge making a tenant pay redecoration costs.