'morning - I'm after a bit of freebie advice, please!
I'm pretty aware of my rights as a tenant in Scotland, and having signed a Short Assured Tenancy, one of those rights is that the property meets the Repairing Standard. The flat I live in does (well I don't think it does, but I know how to sort this so not asking about it today), however my letting agent/landlord has not sent me a letter confirming my rights regarding the Repairing Standard and that I can apply to the Private Rented Housing Panel in any dispute.
This letter is, I have been led to believe, is a legal requirement to be provided to tenants. I have been waiting since June 1st 2009 for an adequate letter - they tried to fob me off with one which was inadequate back in August and I've heard nothing since, despite my protestation.
So last week I sent them a letter giving them until today to produce the required document. They have until tonight. My question is this - what can I do if they fail to produce something? Can I take legal action? How do I go about that? Presumably as they can't/aren't willing to give me this letter, then are all their tenants in the same boat?
Advice welcome, thanks. I'm off to call Shelter too...
Oh I give up... got some advice over the phone and there's nothing I can do about it, unless I want to take them to court. I guess I'll be making a complaint to the council instead.
If it's in edinburgh and owned by a man who's first name would be what we call a person that lives in the land north of the English border and his surname is that of the notorious Eastenders (TV prog) pub owning baldy brothers. Then expect nothing.
Kit, You should have been given an AT5 & Repairing Standard document [b]prior[/b] to signing your tenancy agreement.
If you've not got an AT5 then the Short Assured Tenancy is void.
If you don't have a Repairing Standard document and you deem your property to contravine the repairing standards then you need to speak with the PRHP, who will either issue a Repairing Order enforcement notice or a Rent order relief - Up to 90%.
If your property is ok the landlord should still produce this document prior to the tenancy start date - Again advise the PRHP, it could fine the landlord or decide your tenancy is invalid. As it's classed as a criminal offence.
Also best to make sure your landlord is registered with the local authority, if they're not, then legally you dont have to pay rent !
Good luck with it - 😀
AgentOrange - my letting agents claim (through advice from their solicitors and the PRHP) that the relevant info is contained in my lease. I don't have it to hand, but I do not recall "Repairing Standard" or "PRHP" mentioned in it, although I shall be checking when I get home. They've said "oh, we can give you a seperate letter if you want" WTF have I been asking for for the past 7 months you dimwitted tool!? Ahem... 😳
I do have an AT5 from them - about the only competent thing they've managed so far!
I am on the assumption that they are registered, which is why I will make pains to complain to the Council in order that the agents will find it difficult come re-registration in the coming months.
In theory it could be included in your tenancy agreement - but you would be sure to notice it, as it's about x2 A4 pages long.
Need to check your signed SAT - Have a lok and let me know (if you find it). Sounds suspect.... ! 😯
Kit can you just clarify what your specific issue is?
Are you saying that the property is sub standard with respect to repair or is just the fact that you do not have the document to hand?
Are you saying that the property is sub standard with respect to repair or is just the fact that you do not have the document to hand?
Both.
Have they then refused to repair the issue?
If its something serious like sanitary equipment, plumbing, unsafe electrical equipment, then you have recourse to the law.
Unfortunately I do not know the exact authority but I would say that environmental health, local authority as said above can revoke their authorisation to be a landlord, citizens advice would be a good port of call, even HSE if immediate physical risk.
Just thinking out loud, but I know in Dundee (where I am a landlord) the council takes Landlord registration very seriously and what you describe could be a serious threat to this guy if Edinburgh operates the same system.
Its not very helpful bu alternatively serve your months notice you are leaving and get another place??
Good luck
Fiona is the one on the right here
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