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Legal Eagles!!!!! Advice/Help/Rescuing needed.......

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Old 18-03-2009 | 04:58 PM
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Default Legal Eagles!!!!! Advice/Help/Rescuing needed.......

Help me!!

In Scotland, if I sign a 12 month tenancy agreement on a really crap flat, then 3 weeks in discover a large dampness problem which is hampering my attempts to heat the place, combined with the fact the water heater seems to be gubbed as to get enough hot water for half a bath I need to have it on for about 7 hours, which is MEGA expensive. I can't get a TV picture, the carpet seems to be held together with strands of steel wire, I could go on all bloody day.

I have to leave the heater on in my daughters room all night or it's freezing in there, which costs a fortune. We can't get out washing dry, take 3-4 days to dry........... My landlord expects me to believe that if I wipe away the black dampness marks and open the window to refresh the air all will be cool. I explain again I want to heat the place, not cool it He then tells me that I should expect it to be damp, because it's Dunoon and thats next to some hills hence it's going to be damp. The longer we live here (2 1/2 weeks so far) the harder it's getting to breathe.

Can I get out of the 12 month agreement early, or do I have to pay him 12 months rent Help....
Old 18-03-2009 | 05:01 PM
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If its not fit for purpose then i would have thought you will have a fighting chance of getting out without paying him. document, take pictures, evidence of high bills due to electric/water always having to be on - faced with all that i reckon he'll just let you walk rather than try and fight what he must realise is a losing battle.

Dont take that as gospel though - just my opinion
Old 18-03-2009 | 05:04 PM
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Scottish Law (in most aspects) is different to that in England - I'm no legal eagle at all but I'd say you need to speak to someone who really does know what they're on about to find out where you stand fella.
Old 18-03-2009 | 05:04 PM
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Got you.
Old 18-03-2009 | 05:05 PM
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Originally Posted by Mr S1
Scottish Law (in most aspects) is different to that in England - I'm no legal eagle at all but I'd say you need to speak to someone who really does know what they're on about to find out where you stand fella.

Cheers fella. Trying to sound out my chances before paying a lawyer, as I'm extremely tight
Old 18-03-2009 | 05:07 PM
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Don't sound like the place is fit to live in

Did you not notice the damp when you viewed the property ??

Steve
Old 18-03-2009 | 05:12 PM
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Originally Posted by Rab
Cheers fella. Trying to sound out my chances before paying a lawyer, as I'm extremely tight
Could try the CAB first then.
Are you using an agent or are you dealing with the owner directly?
Old 18-03-2009 | 05:17 PM
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Go to citizens advice,sooner rather than later.
Old 18-03-2009 | 05:32 PM
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Originally Posted by cossie4i
Don't sound like the place is fit to live in

Did you not notice the damp when you viewed the property ??

Steve

I didn't view it mate, I was on Diligence in the Arabian Gulf, wife went to view it and he basically said he wouldn't keep it for her unless she took it right there and then and she had to give him the deposit right there etc etc... So she did.


Originally Posted by mondymatt
Could try the CAB first then.
Are you using an agent or are you dealing with the owner directly?
Direct to the owner. Is that bad?

Originally Posted by jmck8887
Go to citizens advice,sooner rather than later.

Will contact CAB first thing tomorrow. Cheers.
Old 18-03-2009 | 05:37 PM
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CAB and/or environmental health sooner rather than later
Old 18-03-2009 | 05:40 PM
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Originally Posted by Jim Galbally
CAB and/or environmental health sooner rather than later

Cheers Jimbob!! Hows the MR2?
Old 18-03-2009 | 05:41 PM
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still shit
Old 18-03-2009 | 05:52 PM
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Rab heres links to the Scottish CAB website for home problems
http://www.adviceguide.org.uk/scotla...g_scotland.htm

Dunoon CAB contact details

http://www.cas.org.uk/WebOfficeDetai...id=12&letter=D
Old 18-03-2009 | 06:05 PM
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The landlord is responsible for ensuring the propertys fit for habitation isn't he.
As has been said Scottish Law is often a different kettle of fish altogether from English law (it often makes far more sense). Hope you get it sorted mate
Old 18-03-2009 | 06:15 PM
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so your mrs was pressuried into signing an agreement wihtout you being there to discuss the option and now you know why

i would think that the law would be on your side, especially if you get environmental health invovled
Old 18-03-2009 | 07:07 PM
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Originally Posted by Jim Galbally
still shit
Nae luck mate Could be an Avensis though

Originally Posted by neilgf
Rab heres links to the Scottish CAB website for home problems
http://www.adviceguide.org.uk/scotla...g_scotland.htm

Dunoon CAB contact details

http://www.cas.org.uk/WebOfficeDetai...id=12&letter=D
Thanks mate!! Saved!

Originally Posted by Oranoco
The landlord is responsible for ensuring the propertys fit for habitation isn't he.
As has been said Scottish Law is often a different kettle of fish altogether from English law (it often makes far more sense). Hope you get it sorted mate
Unless he renovates this place then he's fucked...... All the wallpaper has come off and the window frames are turning black Cheers for the support though!

Originally Posted by dojj
so your mrs was pressuried into signing an agreement wihtout you being there to discuss the option and now you know why

i would think that the law would be on your side, especially if you get environmental health invovled

Thats about hit the nail on the head Dojj. Will get CAB on the case and see what happens!
Old 18-03-2009 | 08:17 PM
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Some digging about on the web found this..


22
What period of notice must a notice to quit give?
If the house is let:
a. by the week, fortnight or month, at least 4 weeks;
b. by the quarter (3 months), at least 31 days;
and
c. by the year, at least 40 days.
A longer period of notice than the above may be written into the tenancy agreement between tenant and landlord if they wish but the period of notice cannot be any shorter no matter what the tenancy agreement says.

Found it here... http://www.scotland.gov.uk/housing/leaflets/atsy-03.asp

Does anyone else think I'm good if I give 40 days notice?
Old 18-03-2009 | 08:37 PM
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Originally Posted by Rab
Some digging about on the web found this..


[b]


Found it here... http://www.scotland.gov.uk/housing/leaflets/atsy-03.asp

Does anyone else think I'm good if I give 40 days notice?

What does it say on your tennancy agreement? If you dont have one or haven't signed anything then I'd say you could just move out.

Cheers
Dan
Old 18-03-2009 | 08:57 PM
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My tenancy agreement says nothing about notice periods. I don't want to just move out incase I have to pay 12 months rent on this crappy flat when I'm not living here.
Old 19-03-2009 | 08:36 AM
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Originally Posted by Rab
Some digging about on the web found this..


[b]


Found it here... http://www.scotland.gov.uk/housing/leaflets/atsy-03.asp

Does anyone else think I'm good if I give 40 days notice?
4 weeks is 28 days
so that's the shortest time you can give, why pay for 12 days when you don't have to
Old 19-03-2009 | 11:25 AM
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Originally Posted by dojj
4 weeks is 28 days
so that's the shortest time you can give, why pay for 12 days when you don't have to

But for a 12 month lease it says it's 40 days mate 4 weeks is for a month's lease.
Old 19-03-2009 | 12:05 PM
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Rab stick it in writing to him. Either sort the flat out or accept your 40 days notice. Send it recorded delivery and keep a copy just incase he gets arsey. What have the CAB said about it?
Old 19-03-2009 | 09:57 PM
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Originally Posted by neilgf
Rab stick it in writing to him. Either sort the flat out or accept your 40 days notice. Send it recorded delivery and keep a copy just incase he gets arsey. What have the CAB said about it?
The CAB are going to phone back next week because they're busy Which ain't much help.

Anyways.. He phoned, and told me to use the de-humidifiers. I ran one for 2 hours, it filled the container and cut out It was so fucking noisy, like a 50 year old fridge Anyways, in that 2 hours I was out and everything else was off in the flat. It used 3.4 kw/h of juice. Over a month at the current prices that'd cost me 106 quid So he can fuck off......

I just want out. Hoping the CAB will tell me yes, you can give 40 days notice and go. When I'll do that and just take him to small claims for my deposit
Old 23-03-2009 | 02:04 PM
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Well, CAB still haven't phoned me back. I've left 3 messages. Not great
Old 23-03-2009 | 02:09 PM
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leave them more messages

or get one of them free for 30 minute lawyer types
Old 23-03-2009 | 03:43 PM
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Originally Posted by dojj
leave them more messages

or get one of them free for 30 minute lawyer types
MIght try that. Just spoke to the council and he's not a registered landlord!!!!! So, unless he registers asap he's not allowed to collect rent on the property!

I wonder if I can get him to evict us?
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