Legal Eagles!!!!! Advice/Help/Rescuing needed.......
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From: Argyll.... It's lonely...
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....
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....
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From: Chez Croxley
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
Dont take that as gospel though - just my opinion
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From: Argyll.... It's lonely...
Cheers fella. Trying to sound out my chances before paying a lawyer, as I'm extremely tight
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From: Argyll.... It's lonely...
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.
Will contact CAB first thing tomorrow. Cheers.
#13
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
http://www.adviceguide.org.uk/scotla...g_scotland.htm
Dunoon CAB contact details
http://www.cas.org.uk/WebOfficeDetai...id=12&letter=D
#14
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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
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
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From: Argyll.... It's lonely...
Nae luck mate Could be an Avensis though
Thanks mate!! Saved!
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!
Thats about hit the nail on the head Dojj. Will get CAB on the case and see what happens!
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
http://www.adviceguide.org.uk/scotla...g_scotland.htm
Dunoon CAB contact details
http://www.cas.org.uk/WebOfficeDetai...id=12&letter=D
Thats about hit the nail on the head Dojj. Will get CAB on the case and see what happens!
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From: Argyll.... It's lonely...
Some digging about on the web found this..
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?
22
What period of notice must a notice to quit give?
If the house is let:
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.
b. by the quarter (3 months), at least 31 days;
and
c. by the year, at least 40 days.
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?
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From: Birmingham
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?
[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
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From: Argyll.... It's lonely...
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.
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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?
[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?
so that's the shortest time you can give, why pay for 12 days when you don't have to
#21
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From: Argyll.... It's lonely...
#22
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?
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From: Argyll.... It's lonely...
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
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From: Argyll.... It's lonely...
I wonder if I can get him to evict us?
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