Let’s Comply can provide a fast, accurate and affordable service which will verify ownership of the properties in Scotland you have been asked to manage.
Then it is essential you have a Section 3 report.
We understand the intricacies and daily challenges faced by letting agents, a working partnership with us will ensure your compliance obligations are painlessly met.
Don’t just take our word for it.............
The Letting Agent on behalf of the applicant submitted to the First Tier Tribunal copies of all the relevant documentation in order to have a tenant, who had not been paying the rent, removed from the property.
Having compared the terms of the submitted documentation with the property register, it transpired the applicant referred to in the tenancy agreement was not the legal owner of the property.
The tribunal requested the agent to submit evidence from the applicant, by way of their title deeds to show they had authority to let the property.
Eventually, when the titles were produced, it disclosed the property was not in the name of the applicant.
With the tenancy agreement and all notices having been served in the applicant’s name who was not the property owner and with no explanation provided as to the discrepancy or evidence to show their interest in the property, the application was rejected.
The consequences here are evident.
New documentation is required and then must be submitted to the FTT
There will be further delays until the next hearing date
The tenant remains in the property and unlikely to be paying rent
Landlord and Agent relationship is likely to deteriorate.
The landlord, who was aware the parking arrangements at the property could be problematic stressed to the agent the importance of the allocated parking space and the clarity of the parking arrangements to be specified in the tenancy agreement.
Following complaints from neighbours of the property, the landlord examined the tenancy agreement and found the agent had omitted the requested parking clauses with the result being the tenants were parking outside the allocated space.
The agent was fined and ultimately lost the landlords business.
Had they ordered a Section 3 report a plan could have been produced, which would have been attached to the tenancy, indicating the location of the relevant parking space.
Alternatively, a description of the property, including detail of the relevant parking space suitable for use on the PRT could have been provided.