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  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post


    I thought that was the case in Scotland but I was a wee bit nervous to post in case I'd misunderstood the law because it seems too good to be true.

    Plan B xx

    PlanB

    I am thinking the same 'too good to be true' that's why I want to call the girl at Shelter Scotland back tomorrow just to double check my agreement.

    So many clauses to the agreement I will highlight the area where this information should be and I will scan it to you just incase you get another question like this and you know what and where you are looking.

    Let's hope my luck is changing lol

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    If any Sheriff Officers come to the door I have to let them know who I am
    I hope this link will help you to start practicing your "Don't you know who I am?" speech

    http://www.buzzfeed.com/jaimieetkin/...-am#.nnDyOrnPA

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    they must write to you 40 days before the end of your agreement asking you to quit (which they haven't) then my agreement automatically renews duplicating my previous 6 months.

    . . . . So this is looking favourable in my part.


    I thought that was the case in Scotland but I was a wee bit nervous to post in case I'd misunderstood the law because it seems too good to be true.

    Plan B xx

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post
    Before I answer that can you tell me whether you have spoken to Shelter to ascertain your legal right to remain in the property and for how long as I suggested?

    The next timeline (not deadline) is 22nd April when the Landlord's repossession case will be heard in court with or without her (probably without).

    You need to be sure of your legal rights to remain in occupation of the property while we get to work on your financial situation simultaneously.

    You've parted with a few bob to tart up the place so you don't want to be out of pocket. Get receipts for what you've spent preferably before your next 'rent due' date so you can offset that expenditure against the rent with any luck.

    That's Plan A. We'll look at Plan B after that

    Plan B x

    Hi PlanB

    I spoke to Shelter Scotland today.

    If any Sheriff Officers come to the door I have to let them know who I am and give them a copy of my Scottish Short Assured Tenancy Agreement.

    In Scottish law there is a term which is TACIT relocation duplication and if your Scottish Short Assured Tenancy agreement does not state that at the end of your agreement you will go onto a rolling month agreement then this rule applies.

    If this rule has not to apply then they must write to you 40 days before the end of your agreement asking you to quit (which they haven't) then my agreement automatically renews duplicating my previous 6 months.

    I have attached the link below for future information.

    http://scotland.shelter.org.uk/get_a...cure_tenancies

    I have to go ahead and pay my April rent as normal. When it calls at court mid April I need to find out if a decree is granted, at the point a decree is granted I then stop paying my rent to the letting agent as the property no longer belongs to the landlord.

    I need to keep this money aside as the lender may or may not come and ask me for x amount of months rent.

    So this is looking favourable in my part.

    I am going to call Shelter Scotland back tomorrow and hopefully email my agreement just to make sure I am understanding my agreement correctly.

    Once I have my agreement checked tomorrow I will update my thread.

    I have spoken to the tradesman who did the work and I will be supplied duplicate receipts.

    MilliesMadMother x

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    Didn't manage to get anymore information

    Do I already have enough information to go on?
    Before I answer that can you tell me whether you have spoken to Shelter to ascertain your legal right to remain in the property and for how long as I suggested?

    The next timeline (not deadline) is 22nd April when the Landlord's repossession case will be heard in court with or without her (probably without).

    You need to be sure of your legal rights to remain in occupation of the property while we get to work on your financial situation simultaneously.

    You've parted with a few bob to tart up the place so you don't want to be out of pocket. Get receipts for what you've spent preferably before your next 'rent due' date so you can offset that expenditure against the rent with any luck.

    That's Plan A. We'll look at Plan B after that

    Plan B x

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post
    Really?

    This has made me happy tonight.

    Let the paper trail begin. We'll start this on Monday

    In the meantime get to work on the gossip grapevine. Knowledge is power.

    Plan B xx

    Hi PlanB,

    Didn't manage to get anymore information, missed the postie and it was like ghost town!

    Do I already have enough information to go on?

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    I will walk the dog, surprising the information dog walkers know
    I can't even begin to tell you how many times I've loaned out my (late) Dalmatian for similar purposes

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post
    It's your postman who knows it all since he delivered a dozen or so of those citations to other victims locally.

    Invite him in for coffee next time he knocks . . .

    PlanB

    I like your style but last weekend he got me out my bed and I looked as if I had been dragged through a hedge backwards lol

    I am not sure I would ever make a detective but let's see what this weekend brings

    Leave a comment:


  • cymruambyth
    replied
    Re: Landlord not paying mortgage on property I am renting

    I like your style PlanB.

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    It's your postman who knows it all since he delivered a dozen or so of those citations to other victims locally.

    Invite him in for coffee next time he knocks . . .

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post

    In the meantime get to work on the gossip grapevine. Knowledge is power.

    Plan B xx

    That will be my job for the weekend.... Long may the sun shine and I will walk the dog, surprising the information dog walkers know lol.

    I will speak to the wife next time she will no doubt know more information..... Not that I am saying women like to talk!!!

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    Previous tenants had problems with the patio windows . . . . through the letting agent / landlord however they were having no joy so they stopped paying the rent. The landlord told the tenants that she could not afford to get the patio window fixed or be without their rent money'

    The letting agent definitely knew the situation they were putting me into and also let me spend the money to decorate this place.

    This has made me angry tonight.....��
    Really?

    This has made me happy tonight.

    Let the paper trail begin. We'll start this on Monday

    In the meantime get to work on the gossip grapevine. Knowledge is power.

    Plan B xx

    Leave a comment:


  • PlanB
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by milliesmadmoth View Post
    Hi PlanB

    I have had a look on this website https://rentingscotland.org
    Thanks for that link, I've signed up for their newsletter

    We share a learning curve.

    Plan B xx

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post
    I have your answer. That's our starting point

    I also think we should lay a paper trail with the letting agent who should have known better (I've been Googling Scottish housing law).

    If the letting agent has been professionally negligent then go after them rather than your random Landlord who lives in Northern Ireland. The letting agent will have Professional Indemnity Insurance

    Plan B x

    Hi PlanB

    Was talking to my neighbour tonight and found out the following information...

    'Previous tenants had problems with the patio windows not opening and they tried to get them fixed through the letting agent / landlord however they were having no joy so they stopped paying the rent. The landlord told the tenants that she could not afford to get the patio window fixed or be without their rent money'

    The letting agent definitely knew the situation they were putting me into and also let me spend the money to decorate this place.

    This has made me angry tonight.....

    How do I go about laying the paper trail to the letting agent?
    Last edited by milliesmadmoth; 19 March 2015, 20:59.

    Leave a comment:


  • milliesmadmoth
    replied
    Re: Landlord not paying mortgage on property I am renting

    Originally posted by PlanB View Post
    I have your answer. That's our starting point

    I also think we should lay a paper trail with the letting agent who should have known better (I've been Googling Scottish housing law).

    If the letting agent has been professionally negligent then go after them rather than your random Landlord who lives in Northern Ireland. The letting agent will have Professional Indemnity Insurance

    Plan B x

    Hi PlanB

    I have had a look on this website https://rentingscotland.org I did receive a pack from the letting agent.

    I will have another look tonight

    Leave a comment:

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