Landlord and Tenant Disputes
Landlord and Tenant Disputes Lawyers Glasgow, Edinburgh, Inverness and Aberdeen, Scotland
Whether you are saving up to get on the property ladder, or you simply do not want to be tied down, there are plenty of reasons to be a tenant instead of buying your own property outright. Similarly, becoming a landlord represents a stable and sturdy investment; letting out a property is a great way to generate income.
What is important to remember is that being a landlord, just like being a tenant, comes with obligations, entitlements and responsibilities. It is important if you enter a tenancy agreement as either a landlord or a tenant to understand everything that is expected of you so that disputes can be avoided. The specialist property solicitors at Complete Clarity are here and able to offer you expert advice if you are entering a tenancy agreement.
If a dispute does arise, it is always important to know where you stand. When it comes to disputes, our highly experienced landlord and tenant lawyers are well placed to offer you advice, assistance and representation.
Private tenancies in Scotland
The Private Housing (Tenancies) (Scotland) Act 2016 was passed by the Scottish Parliament. It replaced the most common types of residential tenancies in Scotland – Short Assured Tenancies and Assured Tenancies – with the Scottish Private Residential Tenancy (SPRT).
There are a number of points, which it is useful for both tenants and landlords to know, when it comes to SPRTs:
- No minimum period of let and there is no longer a necessity for pre-tenancy notices.
- Introduction of a model tenancy agreement for use by tenants and landlords, which will include some clauses that are compulsory.
- Some agricultural tenancies, social housing tenancies and holiday lets, among others, are excluded from the effects of the Act.
- Some purpose-built student accommodation is exempt from the effects of the Act.
- Tenancies will be indefinite unless a tenant wants to leave or the landlord can satisfy one of the grounds for repossession of the property.
- Whereas the notice required of a tenant to leave will remain at four weeks in all situations, the notice required of a landlord will vary according to how long the tenancy has been.
- Rents are only allowed to be reviewed once a year and the landlord must provide the tenant with three months’ notice prior to a rent review.
- Local authorities can apply to Scottish Ministers to designate areas as rent pressure zones.
- Providing certain conditions are met, family members and other individuals in a close relationship with the tenant can succeed the tenancy in the event of the tenant’s death.
If you are a landlord wondering if or how the changes in the law will affect you, then do not hesitate to get in contact with the residential property lawyers at Complete Clarity. We will run through everything with you in detail to make sure that you understand your position. Similarly, if you are a tenant, please do get in contact with us today to understand your rights and obligations.
The landlord and tenant relationship
Disputes arise between landlords and tenants usually because the tenancy agreement has not been adhered to, or because the tenant thinks the landlord has breached their legal obligations. There are a number of things that a landlord needs to do, such as:
- Register the property you intend to rent with the local authority.
- Decide what kind of tenancy you want to offer.
- Decide how many people you want as tenants, which may mean that you will require a Multiple Occupation Licence.
- Decide what you want the tenancy agreement to reflect, which means you will need to know what clauses are incapable of being changed under the laws.
- Ensure you observe your obligations and responsibilities under the tenancy.
If you are a tenant, it is just as paramount that you abide by your responsibilities and obligations, to ensure that you do not fall foul of either the law or your tenancy agreement, for instance:
- Ensure you pay your rent in full and on time.
- Make sure that you keep the property in the state required by the landlord, and that you clean and maintain it where this is your responsibility.
Even with the best of intentions between a landlord and a tenant, disputes can arise. Where they do, the dedicated residential property solicitors at Complete Clarity are ready and waiting to assist you. We can make sure that we clarify your position and are by your side every step of the way. We will offer you expert advice to see whether it is possible to settle the issue outside of a courtroom. If not, our lawyers are specialists in getting results for our clients.
Contact our landlord and tenant dispute solicitors in Glasgow, Edinburgh, Inverness & Aberdeen
At Complete Clarity, we pride ourselves on our commercial outlook and legal expertise. We understand that litigation and disputes between landlords and tenants can be draining, whether it be financially, emotionally or mentally. As such, we make sure that we keep you apprised every step of the way so that the process is made as simple and painless as possible.
While we understand that you will want to know that your legal position is protected, we also recognise that in any dispute, whether you are a landlord or a tenant, there is a financial aspect. For that reason, our specialist solicitors make sure that we do all we can to make sure that you get everything you deserve.
Whether you are a landlord or tenant seeking to understand terms, obligations and entitlements under a tenancy agreement, or you have already been caught up in a dispute, make sure you contact Complete Clarity today. From advice and assistance to legal representation, our lawyers will do all they can to make sure that you get the result you want.
We are based in Glasgow, East Kilbride and Edinburgh and serve clients all over Scotland. Get in contact with us by filling out our online enquiry form or call us on 0141 433 2626.
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