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Case Studies (*names changed*)

*Amanda*

 *Amanda* and her husband had lived in their home for over 5 years and were very much part of the local community. The property was owned by a large institutional landlord. She and her husband were given notice, citing that the landlord wished to sell. We challenged this at an initial tribunal hearing and raised preliminary issues (discrepancies with paperwork) which the tribunal took on board and proceeded to set a further hearing date. Amanda was then encouraged to sign a new tenancy agreement by her landlords’ solicitors. I advised against this as in all likelihood she would then be served with a new notice so would effectively be signing her own notice to leave! Prior to the next hearing, Amandas notice was redacted, and she and her husband remained in their home without the threat of eviction.  

*Ben*

 *Ben* had many issues with his tenancy - repairs, issues with his agent, eviction threats due to rent arrears (after losing his job due to covid). He was also charged an unlawful admin fee at the start of his tenancy. The fee was refunded in full once a tribunal application was made and repairs were completed after the tribunal issued a repairing standard enforcement order (RSEO). Notice was redacted following my assistance to clear arrears  - a successful application to the tenant grant fund. Issues with his agent persisted. This highlighted a significant (and frankly, shocking) loophole in legislation which has since been raised with the housing and planning committee - an individual employed directly by the landlord is not classed as an 'agent' and is therefore exempt from complying with the letting agent code of practice. Hopefully an amendment will be made in the Housing (Scotland) bill but Ben was keen to find alternative accommodation as a result of poor practice throughout his tenancy. 

*Claire*

  

*Claire* had recently split from her partner. He had moved out of the property, and she requested a new agreement solely in her name to allow her to claim the housing element of Universal Credit. Her ex-partner liaised with agent, gave permission to end joint tenancy and there were zero arrears.

Simple right??? Nope. They refused and instead gave her 28 days VERBAL notice to vacate, claiming the landlord was selling. When we asked for this in writing, they soon changed their mind, and a new agreement was drawn up solely in her name. Before contacting me, Claire was in bits, thinking she’d have to give up her job, move in with her parents (over an hour away), changing her young child's school. She remains happy in her home. Claires story is a clear example of DSS discrimination and poor practice from the landlord and agent. 

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Note – if a settlement is reached without a hearing, details will not appear for public viewing on The Housing and Property Chamber website. Many tribunal actions are avoided due to successful negotiation. 


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