Category Archives: Landlords
Rent in Advance and the Deposit Dilemma
In the recent English case of Johnson and Ors v Old, Mrs Old paid 6 months rent in advance. Mrs Old subsequently claimed as her defence to repossession proceedings that the advance payment constituted a deposit and should therefore have been paid into a tenancy deposit scheme. The definition of a deposit under English law
The Dangers of Antisocial Tenants in Scotland – Tenancy Law
One of the many differences between tenancy law in England and Scotland was highlighted online recently, namely the consequences of a landlord’s failure to address antisocial behaviour in a tenancy. In England, the landlord has no specific legal obligations to deal with the antisocial tenant however Scotland is an entirely different story. The Antisocial Behaviour
Penalty Clauses in Tenancy Agreements: Are They Legal?
Putting penalty clauses in tenancy agreements is fairly routine procedure within the private rented sector. However, whilst the practice may be widespread in Scotland, the issue of whether or not a penalty clause is legitimate can be a tricky matter. Penalty clauses provide that where a tenant is in breach of their tenancy obligations, they
Landlord legal advice – dealing with joint tenants!
Many landlords will have joint tenancies, particularly in student flats. However recent legislation on tenancy deposit schemes and tenant information packs has highlighted some issues facing landlords with joint tenancies in Scotland. Tenancy Deposit Scheme - The tenancy deposit scheme regulations say nothing about joint tenants. - It has been left up to each scheme to make the
My tenant abandoned my property – but has sub-let without consent!
LetLaw is regularly asked for advice by landlords in Scotland on how to repossess a property that a tenant has abandoned. However, recently we were presented with a situation that was slightly more problematic, where the tenant had abandoned – but had sub-let the property without consent! There is no legal route to repossess a
Gritting common areas … a landlord’s responsibility?
In a previous blog about landlords’ duties during the winter months, I highlighted the possible duty under the Occupiers Liability (Scotland) Act 1960 to ensure that common areas are gritted. Continuing the gritted theme, a very interesting judgement has now been released in a sheriff court case. The case is Bonham v Pentland Housing Association.
Tenancy Deposit Scheme – have you missed your deadline?
LetLaw have had a number of Tenancy Deposit Scheme queries lately from landlords and agents regarding deadlines for lodging deposits, and in particular the rules relating to tenancies which started prior to 7 March 2011. The Tenancy Deposit Schemes (Scotland) Regulations 2011 provide for different timescales for lodging deposits, depending on when the tenancy commenced and
Scottish Tenant Information Packs
Following their introduction in the Private Rented Housing (Scotland) Act 2011, the Scottish Government has announced that tenant information packs will arrive on the 1st May 2013. From that date, a landlord will be required to provide the tenant with standard documents no later than the date on which the tenancy starts, as specified in
Forcing property maintenance – landlord options
We are frequently asked by Landlords “can other owners be forced to maintain their homes?”. One common issue is where persistent leaks from one property cause water ingress and damage to another. This can be where one or both of the properties are being let. Unfortunately, landlords in this situation are limited in what they can
Landlords, the truth about signing tenancy agreements online
Landlords are increasingly turning to the internet to conduct their letting business. A major part of that is the issue of signing tenancy agreements online. Most landlords would be keen to have this option particularly if there is no face to face contact between landlord and tenant. However, the law in Scotland has not quite
