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jenberry
Posts: 107 Forumite
Hello,
I will try to keep this brief. I moved into accommodation (a stand alone wooden barn) in Scotland in July (highlighting Scotland as I think some laws are different here). When I viewed and accepted the property, the landlord refused to provide a contract, saying she 'works on mutual trust'. She is a lawyer, so this was particularly strange but I wanted the place so I agreed to this. We agreed verbally that I would serve a 6 month minimum tenancy and a one month's notice would be required for my deposit to be returned. This was confirmed via text message as opposed to any written agreed contract. In addition, my deposit was not put in a tenancy deposit scheme but held by the landlord.
Since I started my tenancy, I have encountered innumerable issues, which the landlord (who lives next door) has not addressed. She assured me a new TV and washing machine would be provided when I started my tenancy but this has not happened. When I broached this with the landlord, she told me she had made no such promises. In addition, there is a problem with mice and, most worryingly, a frequent 'bang' which sounds and feels like a wrecking ball hitting the side of the barn and jolts me awake on a nightly basis, the source of which I am unable to find. This is making it very difficult to have an uninterrupted night of sleep.
As a result, I have decided to end my tenancy before the 6 month term. I hope to provide a month's notice, thereby leaving on 22nd November. My question is, given the lack of a written contract and the fact the landlord has not put my deposit in a tenancy deposit scheme, what are my rights? Am I entitled to my deposit back since I haven't lived here for the verbally agreed six month period? Are landlords even able to set a fixed term these days (someone mentioned landlords couldn't hold you to a minimum term anymore). When I hand in my notice, I want to be armed with as much information as possible as I imagine the landlord won't make it easy for me to get my deposit back. Thank you in advance.
I will try to keep this brief. I moved into accommodation (a stand alone wooden barn) in Scotland in July (highlighting Scotland as I think some laws are different here). When I viewed and accepted the property, the landlord refused to provide a contract, saying she 'works on mutual trust'. She is a lawyer, so this was particularly strange but I wanted the place so I agreed to this. We agreed verbally that I would serve a 6 month minimum tenancy and a one month's notice would be required for my deposit to be returned. This was confirmed via text message as opposed to any written agreed contract. In addition, my deposit was not put in a tenancy deposit scheme but held by the landlord.
Since I started my tenancy, I have encountered innumerable issues, which the landlord (who lives next door) has not addressed. She assured me a new TV and washing machine would be provided when I started my tenancy but this has not happened. When I broached this with the landlord, she told me she had made no such promises. In addition, there is a problem with mice and, most worryingly, a frequent 'bang' which sounds and feels like a wrecking ball hitting the side of the barn and jolts me awake on a nightly basis, the source of which I am unable to find. This is making it very difficult to have an uninterrupted night of sleep.
As a result, I have decided to end my tenancy before the 6 month term. I hope to provide a month's notice, thereby leaving on 22nd November. My question is, given the lack of a written contract and the fact the landlord has not put my deposit in a tenancy deposit scheme, what are my rights? Am I entitled to my deposit back since I haven't lived here for the verbally agreed six month period? Are landlords even able to set a fixed term these days (someone mentioned landlords couldn't hold you to a minimum term anymore). When I hand in my notice, I want to be armed with as much information as possible as I imagine the landlord won't make it easy for me to get my deposit back. Thank you in advance.
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Comments
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Hello,
I will try to keep this brief. I moved into accommodation (a stand alone wooden barn) in Scotland in July (highlighting Scotland as I think some laws are different here). When I viewed and accepted the property, the landlord refused to provide a contract, saying she 'works on mutual trust'. She is a lawyer, so this was particularly strange but I wanted the place so I agreed to this. We agreed verbally that I would serve a 6 month minimum tenancy and a one month's notice would be required for my deposit to be returned. This was confirmed via text message as opposed to any written agreed contract. In addition, my deposit was not put in a tenancy deposit scheme but held by the landlord.
Since I started my tenancy, I have encountered innumerable issues, which the landlord (who lives next door) has not addressed. She assured me a new TV and washing machine would be provided when I started my tenancy but this has not happened. When I broached this with the landlord, she told me she had made no such promises. In addition, there is a problem with mice and, most worryingly, a frequent 'bang' which sounds and feels like a wrecking ball hitting the side of the barn and jolts me awake on a nightly basis, the source of which I am unable to find. This is making it very difficult to have an uninterrupted night of sleep.
As a result, I have decided to end my tenancy before the 6 month term. I hope to provide a month's notice, thereby leaving on 22nd November. My question is, given the lack of a written contract and the fact the landlord has not put my deposit in a tenancy deposit scheme, what are my rights? Am I entitled to my deposit back since I haven't lived here for the verbally agreed six month period? Are landlords even able to set a fixed term these days (someone mentioned landlords couldn't hold you to a minimum term anymore). When I hand in my notice, I want to be armed with as much information as possible as I imagine the landlord won't make it easy for me to get my deposit back. Thank you in advance.
Your landlord is an eejit. The verbal agreement isn't worth the paper it is written on, you have a Private Rental Tenancy.
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/the_private_residential_tenancy
Your landlord should have protected your deposit.0 -
Bet they're not declaring the income either. Trying to get the best of both worlds. After you've gone, you could consider contact with HMRC.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Previous v similar thread for those commenting: https://forums.moneysavingexpert.com/showthread.php?t=60382342023 wins: *must start comping again!*0
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Previous v similar thread for those commenting: https://forums.moneysavingexpert.com/showthread.php?t=6038234
Though note many of the responses there assumed the property was in England.0 -
Previous v similar thread for those commenting: https://forums.moneysavingexpert.com/showthread.php?t=6038234
At least the OP stated he was in Scotland this time.0 -
Lover_of_Lycra wrote: »Your landlord is an eejit. The verbal agreement isn't worth the paper it is written on, you have a Private Rental Tenancy.
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/the_private_residential_tenancy
Your landlord should have protected your deposit.
Clearly a good judge of character! Yes, definitely want the best of both worlds. Not entirely sure where that leaves me unfortunately. Thank you for the link!0 -
Hi jenberry,
So I think you'd have quite a strong chance in pursuing the return of your deposit. For Scottish tenancies, there are certain rights you have as a tenant... (I won't list all as i'm not the expert, but some of the ones I am aware of which I think very much apply in your case:
1. All new private residential tenancies (you'd have to check online to see if you definitely fall under the 'private residential tenancy' bracket) have the right to a tenancy agreement from the day the tenancy starts - you didn't get this, this is therefore a clear breach of your rights
2. Scottish tenancy agreements can no longer be issued with a minimum period, they are automatically 'rolling' tenancies, as long as your tenancy came into force AFTER Dec 2017. On that basis, the landlord cannot say you are subject to a 6 month tenancy - regardless of what they put in writing/text.
You can take your landlord to a 'first tribunal' if they haven't given you:- a written copy of all the terms of your tenancy
- your rights and responsibilities as a tenant... 'notes'
If the Tribunal reviews your case and agrees with your claim, your landlord may be ordered to pay you:- three months' rent if they haven't provided tenancy terms or haven't provided the correct notes (your rights and responsibilities as a tenant) relating to your tenancy
- six months' rent if they haven't provided you with both of these things.
I would imagine a threat of the above would mean your 'landlord' may quite readily return your deposit, especially if they are a trained lawyer as they should be quite aware of what the law dictates around tenancies. Alternatively... take her to the tribunal regardless of the deposit and you may find yourself with a lot more than your deposit being returned to you.0 -
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Hi jenberry,
So I think you'd have quite a strong chance in pursuing the return of your deposit. For Scottish tenancies, there are certain rights you have as a tenant... (I won't list all as i'm not the expert, but some of the ones I am aware of which I think very much apply in your case:
1. All new private residential tenancies (you'd have to check online to see if you definitely fall under the 'private residential tenancy' bracket) have the right to a tenancy agreement from the day the tenancy starts - you didn't get this, this is therefore a clear breach of your rights
2. Scottish tenancy agreements can no longer be issued with a minimum period, they are automatically 'rolling' tenancies, as long as your tenancy came into force AFTER Dec 2017. On that basis, the landlord cannot say you are subject to a 6 month tenancy - regardless of what they put in writing/text.
You can take your landlord to a 'first tribunal' if they haven't given you:- a written copy of all the terms of your tenancy
- your rights and responsibilities as a tenant... 'notes'
If the Tribunal reviews your case and agrees with your claim, your landlord may be ordered to pay you:- three months' rent if they haven't provided tenancy terms or haven't provided the correct notes (your rights and responsibilities as a tenant) relating to your tenancy
- six months' rent if they haven't provided you with both of these things.
I would imagine a threat of the above would mean your 'landlord' may quite readily return your deposit, especially if they are a trained lawyer as they should be quite aware of what the law dictates around tenancies. Alternatively... take her to the tribunal regardless of the deposit and you may find yourself with a lot more than your deposit being returned to you.
Thanks so much, this is really useful! So, since my original post I have found out that she isn't registered as a landlord on the Scottish landlord registry. This is bad news and heavily implies she hasn't declared her income from my rent or the two long-term tenants she has in the main property.0 -
Lover_of_Lycra wrote: »You've been told you have a Private Rental Tenancy so that's where you are left.
Yes, but is this still the case if nothing has been provided to me in writing? Either way, she is clearly breaking the law on several counts here.0
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