landlord

Pitfalls for unwary landlords (2): deposits

December 6, 2014
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by John
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Under most sorts of residential lease, where a tenant has paid a deposit to their landlord, the landlord must pay the deposit in to one of the approved tenancy deposit schemes, and give the tenant evidence of this as well as some other prescribed information. At the end of the lease if landlord and tenant cannot agree a fair amount to be deducted from the deposit for damage etc., then the dispute is channelled in to an automatic dispute resolution procedure to make the decision.

If a landlord does not put the deposit into a protected scheme, a tenant may apply to the court to make the landlord pay him up to three times the amount of the deposit, among other things.

All landlords entering in to new leases, and all landlords with existing leases (especially those that have been going for a long time) are recommended to check if their deposits are in a protected scheme and, if they are not, to seek advice about whether they need to be paid in.

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Pitfalls for unwary landlords (1): ending a tenancy

December 6, 2014
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by John
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For most people, ending a tenancy at the end of its term seems like a simple thing, but unwary landlords can make problems for themselves if they do not follow the right procedure. The rules are complicated and vary for different sorts of lease, but the bare minimum requirement is to serve a written Notice to Quit containing certain specified information and giving the right period of notice, and it is safest to have this delivered by a sheriff officer. In some cases other forms need to be served, with their own periods of notice.

If you get one or more of the prescribed steps wrong, if the tenant does not leave when asked, a court may refuse to grant an order for removal, and much money time may be lost while the process is re-started.

It is strongly recommended that all landlords thinking of ending a lease at the end of its term should get advice about exactly what to do and when. Though this may cost some money, it is a lot less than the cost of getting it wrong.

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