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I’m looking for some advice.
My husband and I are currently renting a flat from a friend and pay rent monthly (and have done for almost 2 years). The issue being that my husband signed a lease on the day we moved in but the piece of paper had someone else’s name scored out and ours handwritten below. We were told at the time that it would be typed up officially and we would receive a copy. To this date we have never received a copy of the tenancy let alone an AT5 notice.
He’s also openly informed that he doesn’t bother protecting the deposits from his rental properties and therefore I’m to assume ours hasn’t either.
He’s looking to do an inspection tomorrow which they’ve never bothered with before and I was wondering if we are within our rights to ask for a copy of the inspection report?
Hope someone can help!
Hi Katrina, there are two different issues here.
1. deposits - if these haven't been lodged with one of the 3 approved Scottish schemes then you can get a compensatory payment of up to 4 times the deposit plus the deposit must then be lodged if they haven't been lodged and you haven't been given the appropriate prescribed information sheet.
2. no lease - regardless as to whether a lease has been given, you have a tenancy. If the one with your name scribbled on it is enough, then you have a short assured tenancy (SAT). If no appropriate lease was given then you have an assured tenancy just because this is what is created if no paperwork is given. You probably need to find out - you could ask at the inspection.
You probably need proper advice here. Citizens advice can help, so can Shelter Scotland. Also sometimes the councils have advice lines - you could try whichever area you live in. If you ask for a new lease (rather than a copy of one that may have been set up in the past) it will be one of the new ones, a Private Residential Tenancy (PRT) which has different rights to the old SATs.
Thank you for your prompt reply Carole.
1. Deposits - I'm aware of the compensation scheme for unprotected deposits and I think we'll have to approach Citizens Advice or Shelter Scotland for advice regarding this. Its not something we want to do as the landlords are also friends but we may find we have no choice.
2. No lease - We are certain about a lease being created and after having followed Shelter Scotlands guide on what lease we have, they state we have an Assured Tenancy. This is because according to the website, no AT5 form was given to either my husband or myself at the start of the tenancy.