John Gell
Landmark Case Shows Scottish Landlords Must Take Deposit Protection Seriously
Author: John Gell
3rd September 2013, 13 years ago | 0
John Gell
Registered with Property118.com
11th June 2013
Total Posts
3
Total Comments
25
Free Membership
Become a member of the Property118 community
Free articles and access to a 50,000-strong community of working landlords.
Join Property118
15th January 2020, 6 years ago
The First-tier Tribunal deals with a whole range of landlord/tenant disputes and other housing matters and not just cases arising from non-payment of rent. It would be good to get an understanding from the tribunal service of the cause(s) of...
Read More →23rd August 2016, 10 years ago
If only all landlords would heed Sam's advice on choosing agents. This is exactly why all agents should be regulated and carry client money protection, as will soon be the case in Scotland. Much is likely to depend on the...
Read More →21st July 2016, 10 years ago
I agree with Mandy that it is the ill-informed landlords who don't really understand what they need to be doing who give landlords in general a bad name. I'm constantly surprised to discover how many friends and contacts own a...
Read More →10th February 2016, 10 years ago
Many of our tenants are affluent professionals on short-term employment contracts or on transient career paths who absolutely have no wish to be property owners at this stage in their careers. They are in Inverness for a year or two...
Read More →9th February 2016, 10 years ago
What a superbly written piece Gareth. Love it.
Read More →9th November 2015, 11 years ago
Curious to know,DC, why you have historically set rents below market rate, and what has prompted change to annual increases. What will guide the amount of increase?
Read More →9th November 2015, 11 years ago
Curious to know, DC, why you have historically set rents below market level, and what has prompted change to annual increase. What will guide the rate of increase?
Read More →9th November 2015, 11 years ago
I run a letting agency and, as such, have a professional obligation to our landlord clients to maintain rents at parity with market values. We therefore conduct an annual rent review, but this generally produces a "no change" outcome as...
Read More →7th January 2015, 11 years ago
I'd be inclined to leave it Matthew as it sounds like an attractive feature which should enhance appeal of the property. Essential however to follow Neil's advice and also to stipulate in the tenancy agreement that only wood is burnt...
Read More →24th December 2014, 11 years ago
Alice, This all sounds terrible, and you have been very unlucky. Landlords and letting agents have an obligation under consumer protection law to advise potential tenants of any factors they are aware of which might affect the tenant's decision to...
Read More →30th May 2014, 12 years ago
Mark, Commenting as a letting agent rather than a landlord, we were summoned to appear before the Sheriff, in the days before statutory deposit protection, by a disgruntled former tenant who alleged that we had unjustifiably retained part of her...
Read More →23rd May 2014, 12 years ago
The judgement is at http://www.scotcourts.gov.uk/opinions/B641_13.html
Read More →23rd May 2014, 12 years ago
Stephen, There was a Scottish case last year. See http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-23930567 and you'll find other references through Google. The Sheriff awarded the maximum penalty because, I understand, he regarded the landlord as contemptuous of the requirement to lodge the deposit. His...
Read More →19th May 2014, 12 years ago
If the verbal agreement with the landlord that he would remove the furniture wasn't confirmed in writing, then there may be very little you can do Tracy, other then trying to persuade the landlord to keep his word. What does...
Read More →28th January 2014, 12 years ago
What a mess Maxwell. Much will depend on the contract you have with your agent and it may be that you just have to put it down to experience and carry on a wiser man. What level of investigation did...
Read More →2nd October 2013, 13 years ago
Well said Mark! There's already sufficient legislation to deal with the real rogues who're out to flout the law and take advantage of folks. Government seems intent however on devising new regulation and then failing to enforce it. Authorities just...
Read More →16th September 2013, 13 years ago
Hi Mark. I don't think there's a cut and dried answer to that. Those landlords who are keen to remain below the radar or who distrust authority may not be bad in the sense that that they are ill intentioned....
Read More →16th September 2013, 13 years ago
Thanks for all your comments folks. To put matters in context it's perhaps worth adding that Landlord Registration in Scotland was driven by a small number of MSPs representing constituencies where laisez faire landlords were letting to DSS-funded tenants (and...
Read More →Reply to comment left by Kirsty McGregor at 13/09/2013 - 20:18
Reply to the comment left by "Kirsty McGregor" at "13/09/2013 - 20:18": It's the other way around Kirsty. Landlord Registration is compulsory in Scotland and seems to achieve little, whereas Landlord Acreditation through Landlrd Accreditation Scotland is highly effective in...
Read More →Reply to comment left by Kirsty McGregor at 13/09/2013 - 16:22
Reply to the comment left by "Kirsty McGregor" at "13/09/2013 - 16:22": Thanks for your comment Kirsty. In my view the key to regulation being effective and working as planned is for tenants to be fully aware of, and assert,...
Read More →Showing 20 of 25 comments