Category: Legal

Damages Claims and Evidence

There may be times when a tenant vacates a property, leaving it in a different condition than it was at commencement of the tenancy. This could be a result of wear and tear (which is to be expected), but also a failure on the part of the tenant to take reasonable care of the property. …


Coronavirus and Beyond

On 29 March 2022 the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 became law and the following day, the Coronavirus (Scotland) Acts (Amendment of Expiry dates) Regulations came into force. The combination of these 2 pieces of legislation was to end some of the emergency Coronavirus provisions, but to continue others until at …


First Ever Award of Wrongful Termination by Eviction Order

An Edinburgh tenant has been awarded a first ever Wrongful Termination Order by the Housing and Property Chamber of the First-tier Tribunal for Scotland. In this landmark case, the landlord was ordered to pay £1,350 for evicting his tenant on false grounds. Jesus Rodriguez-Ortega rented a studio flat from Cesar Dominguez-Lopez. When Jesus asked his …


Ripple Effect of UK’s Court Ruling on ‘No DSS’ Lettings Ban

The Department for Social Security (DSS) ceased to exist in 2001, however, the term ‘No DSS’ has been used in property listings up until recently to indicate that recipients of housing benefits would not be accepted for a particular property. This was mainly due to the fact that certain mortgage and insurance providers would stipulate …


First-tier Tribunal Criticised by Tenant for Not Following ‘Expert’ View

A tenant whose attempt to sue a landlord for almost £14k was dismissed, has criticised the First-tier Tribunal for not following a legal practitioner’s view in a published article which supported the renter’s claim. Rent advance agreement James Malloch entered into a short assured tenancy agreement, in relation to a property in Edinburgh, with Bernisdale …


Unlawfully Evicted Tenant Awarded £18k

A tenant who was found to have been unlawfully evicted has been awarded damages by the First-tier Tribunal for Scotland Housing and Property Chamber. In this first of its kind Tribunal decision, the tenant was granted £18,000. Dambaru Baral raised a case against his landlords, Mohammed and Khalda Arif, in September 2018 after he was …

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