/ Tenants rights - please help

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colin8ll on 24 Jan 2013
Hi all,

My landlord has asked me and my two flat mates to sign a new 12 month lease which would be due to start in August. We asked to continue with our rent on a monthly rolling contract as our short assured tenancy agreement states should happen (we're in Scotland by the way). However our landlord is not keen on this arrangement, and as signing now would tie my flatmates and I in for 19 months we have agreed that we cannot sign up for a new contract at this point.

So now our landlord is wanting to hold viewings but as we still have seven months left on our contract and are paying a hefty rent I'm not happy about this. Are they allowed viewings and if so how close to the end of the lease? Seven months of people traipsing in and out does not appeal! Advise would be much appreciated!
Bernard Shakey - on 24 Jan 2013
In reply to colin8ll:

He is allowed to let people view, although yes, he is being an arse expecting you to commit now for that length of time. Have you tried to reason with him
sleavesley on 24 Jan 2013
In reply to colin8ll: this is a good place to start. http://scotland.shelter.org.uk/
Sounds like its against the tenancy agreement of having he right to peace etc etc. have a read of the above website and that should be of help.
Milkman - on 24 Jan 2013
In reply to colin8ll:
My misses is a housing advisor, she thinks that you have no legal right to allow the landlord in for viewings. He can ask and you can say no and he can't then do it. He can not just turn up, during the period of your tenancy he has no right to enter the property without your permission, he could allow him self in in an ermegancy such as a leak! And that is about it.
colin8ll on 24 Jan 2013
In reply to Bernard Shakey:

We've tried but they are not up for moving on the timings of the lease. I can understand that they want to do everything possible to protect their rent coming in but really they could have shot themselves in the foot as we were all happy here and may have stayed for years to come on the rolling contract but tying us into it was the deal breaker.

Any idea where the legislation may live that says they have the right to hold viewings? Currently I have discovered that we have the right to 'quiet enjoyment' i.e. not getting hassled by them which I think viewings 7 months prior to the lease ending would breach. Also I understand the landlord can access the property for emergencies, or with 24 hours of written notice can enter for an inspection (but this does not mean showing others around).

Nigel Thomson - on 24 Jan 2013
In reply to colin8ll: I manage a property investment business in Glasgow. Your landlord is at the madam. Your lease is up for renewal at the same time as your notice to quit comes in to play, ie the last day of your tenancy. If you plan to leave on said day you would provide him with notice of one calender month. During this period it is fair that you allow viewers into the property not months before.
Might I add that he is legally bound to lodge your deposit in one of the Scottish Office approved tenancy deposit schemes. This came in to effect in July of last year.
Nigel Thomson - on 24 Jan 2013
In reply to the weegy: If you have signed a key agreement or it's included in the lease then the landlord can gain access to the property in the company of one of the tenants, unless under emergency situations like flooding or fire.

If you're looking for a three or four bedroom HMO in Glasgow I'm your man by the way!!
John1923 - on 24 Jan 2013
In reply to colin8ll:

I'm not a lawyer.

If your contract starts rolling, then it starts rolling. He can evict you with the stated notice, but he can't make you sign a new contract.

You have a right to refuse all viewings, and it is a serious offence if he brings people in without your consent. If he brings people in when you have said no, preferably in writing or by e-mail, then consult a lawyer because it is very easy to sue him for a lot of money.
andic - on 25 Jan 2013
In reply to colin8ll:
What will probably happen is that your LL will give you 2 months notice in June and try to get new tenants. A shame but some people are greedy arses. If this does happen you will have to be shit hot on your clean/move out as he probably have their eye on your deposit too.

That said they might come around before then perhaps you could compromise; suggest a 6 month extension and/or discount on rent?

TBH this is more of a human problem than a legal one IMHO
colin8ll on 25 Jan 2013
In reply to colin8ll:

Thanks everyone for your replies. We're going to hold firm and refuse viewings. Hopefully this will be the only contentious issue for the remainder of our lease, although we'll have to get the scrubbing gloves on and get the place spotless as I'm sure the landlord will be out for our deposit now!

Cheers again,
Colin
John1923 - on 25 Jan 2013
In reply to colin8ll:

Pro tip for not losing your deposit...

Don't pay the last month's rent, it takes about a month to evict you. You can get through the first week with "Oops I must have set my standing order to expire after x months"

Don't worry about the reference, as you already have a new place lined up and have signed the new contract. So even if the old landlord tells the new one, the new one can't refuse the tenancy!

win :)
Edradour - on 25 Jan 2013
In reply to John1923:

Or ... don't be a tw*t. Leave things in a decent state and challenge any illegal witholding of the deposit through the correct channels which is incredibly simple to do now that deposits have to be held in a recognised scheme.
John1923 - on 25 Jan 2013
In reply to Edradour:

Only do it to greedy pain in the arse landlords who plan on screwing you anyway. If your landlord is open, honest and reasonable then there is no need to worry about them taking your deposit.



Big Steve - on 25 Jan 2013
In reply to John1923: I done that to my last landlord when I was at Uni, I knew he was going to find a reason to withold my deposit; I met loads of his previous tenants who all told me he did this to them, so I kept making excuses for a month and then walked out. I dont see what the problem was, my deposit was a months rent so he hasnt lost anything which he was entitled to. He still threatened me with court though, then told one of his tenants he was going to call some men he knew to get me but nothing happened.
Edradour - on 25 Jan 2013
In reply to Big Steve:
> (In reply to John1923) I done that to my last landlord when I was at Uni, I knew he was going to find a reason to withold my deposit; I met loads of his previous tenants who all told me he did this to them, so I kept making excuses for a month and then walked out. I dont see what the problem was, my deposit was a months rent so he hasnt lost anything which he was entitled to. He still threatened me with court though, then told one of his tenants he was going to call some men he knew to get me but nothing happened.

Which is only one side of the story. I am not making excuses for unscrupulous landlords but students are not known for being the cleanest of tenants.

'which he was entitled to' also extends to returning the flat to a state viable for re-rental.

Ever think that landlords might be a little more forgiving on the deposit front if this didn't happen every other tenancy and they were having to pay for cleaning / redecorating / repairs out of their own money?
thin bob on 26 Jan 2013
In reply to Edradour:
Agreed. But I would say that many landlords have no concept of 'fair wear and tear' and seem to pocket the money for cleaning charges.
The last 5 places I've been in have been dirty when I arrived, despite all the contracts saying 'tenants pay for professional cleaning.

OI wonder if there are 'backhanders' between inventory companies, cleaners, letting agents & maybe landlords.

Maybe we're scum, but no-one in my family has ever washed thier curtains (only nets), let alone dry-cleaned them. Nor steam cleaned carpets unless something had been spilt.
thin bob on 26 Jan 2013
In reply to thin bob:
But if a place is nice, you should treat it well (not like a museum exhibit, though!). I've ranted before about cheap furnishings.carpets/wallpaper/paint.
is there a depreciation factor that landlords take?
owlart - on 26 Jan 2013
In reply to thin bob:
> (In reply to Edradour)
> Agreed. But I would say that many landlords have no concept of 'fair wear and tear' and seem to pocket the money for cleaning charges.
> The last 5 places I've been in have been dirty when I arrived, despite all the contracts saying 'tenants pay for professional cleaning.
>
> OI wonder if there are 'backhanders' between inventory companies, cleaners, letting agents & maybe landlords.
>
> Maybe we're scum, but no-one in my family has ever washed thier curtains (only nets), let alone dry-cleaned them. Nor steam cleaned carpets unless something had been spilt.

When I moved in to my flat, I had to clean curry stains out of the carpet and spill marks off the doors. Knowing the Letting Agents, I'd be almost certain that they charged the previous tenant for 'professional cleaning', went round with a duster and pocketed the difference.

If you have your deposit withheld for 'professional cleaning', make sure that you ask to see a receipt from the cleaning company, and dispute it with the Deposit Protection Service
Milesy - on 26 Jan 2013
In reply to thin bob:
> OI wonder if there are 'backhanders' between inventory companies, cleaners, letting agents & maybe landlords.

Same deal with Factors up here in Scotland. My brother was paying stupid prices to his factor to get things fixed in his building. On investigation the company doing the work was the brother of the Factor agent. They kicked up a fuss and made sure multiple quotes by different companies were got by the factor for any work
ads.ukclimbing.com
Nigel Thomson - on 26 Jan 2013
In reply to John1923:
> (In reply to Edradour)
>
> Only do it to greedy pain in the arse landlords who plan on screwing you anyway. If your landlord is open, honest and reasonable then there is no need to worry about them taking your deposit.

Thanks for adding that as there are a few out there who are pretty fair although I'll be honest rent is through the roof at the mo and the market couldn't be stronger.

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