Tenants Taking Landlords to Court in Glasgow: A Growing Trend 2024

 

Tenants Taking Landlords to Court in Glasgow: A Growing Trend

In recent years, the dynamics between tenants and landlords in Glasgow have seen significant shifts. Amid rising living costs and changing regulations, disputes have become more frequent, with some tenants taking legal action against landlords while withholding rent. This blog explores the underlying reasons for this trend, the legal implications, and what both parties can do to navigate these turbulent waters.

The Rising Tension

The relationship between tenants and landlords is inherently delicate, balancing the needs and rights of both parties. In Glasgow, this balance has been increasingly strained due to several factors:

1. Increasing Rent Prices: As rent prices continue to climb, tenants find it harder to keep up, leading to disputes over affordability and rent hikes.
2. Property Conditions: Some landlords fail to maintain their properties adequately, resulting in tenants living in subpar conditions.
3. Legal Awareness: Tenants are becoming more aware of their legal rights and are more willing to take action when they feel these rights are being infringed upon.

Common Grounds for Disputes

Tenants in Glasgow have cited various reasons for taking their landlords to court while withholding rent:

1. Unsafe Living Conditions: Issues such as mold, broken heating systems, and pest infestations are common complaints. Tenants argue that paying rent for an uninhabitable property is unjust.
2. Unfulfilled Promises: Landlords sometimes promise repairs or improvements that never materialize, leading to tenant frustration and legal action.
3. Illegal Evictions: Instances where landlords attempt to evict tenants without following proper legal procedures have led to court cases and rent withholding.
4. Lack of landlord certificates in Glasgow, i.e No EICR, EPC, LEGIONELLA, ETC

Legal Framework

In Scotland, tenants have specific rights protected by law. The key piece of legislation governing these rights is the Private Housing (Tenancies) (Scotland) Act 2016. This act outlines the grounds on which tenants can withhold rent and the proper procedures for both parties to follow during disputes.

• Withholding Rent: Tenants are legally allowed to withhold rent if the property is deemed uninhabitable or if the landlord breaches the lease agreement.
• Taking Legal Action: Tenants can take landlords to the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles disputes related to private rented housing.

Case Studies

Case Study 1: Jane, a tenant in Glasgow’s West End, took her landlord to court after enduring months of living with a leaking roof and damp walls. Despite numerous requests, her landlord failed to make the necessary repairs. The tribunal ruled in Jane’s favor, allowing her to withhold rent until the repairs were completed.

Case Study 2: In another case, Mark, a student in Glasgow, faced an illegal eviction after disputing a sudden rent increase. He sought legal assistance and successfully challenged the eviction, highlighting the importance of following due process.

Advice for Tenants

• Know Your Rights: Familiarize yourself with the Private Housing (Tenancies) (Scotland) Act 2016 and understand your rights and responsibilities.
• Document Everything: Keep records of all communications with your landlord, including emails, letters, and photos of property issues.
• Seek Legal Advice: If you’re unsure about your situation, seek advice from legal professionals or tenant support organizations.

Advice for Landlords Glasgow

• Maintain Open Communication: Keep lines of communication open with your tenants to address issues before they escalate.
• Ensure Property Standards: Regularly inspect and maintain your property to avoid disputes related to living conditions.
• Understand Legal Obligations: Stay informed about your legal responsibilities and ensure compliance with all relevant housing laws.

Conclusion

The trend of tenants taking landlords to court in Glasgow while withholding rent highlights the need for better communication and understanding between both parties. By knowing their rights and responsibilities, tenants and landlords can work together to resolve disputes amicably and avoid the need for legal action. As the housing market continues to evolve, staying informed and proactive will be crucial in maintaining healthy tenant-landlord relationships.

Tenants can take legal action against Landlords 2021

Tenants will be able to take legal action against landlords whose properties are "unfit for human habitation", under a move revealed by the Housing Secretary today. These legislations include Landlords to ensure the have Certificates of compliance such as EICR, PAT Testing, and Smoke and heat alarms installations through the property.

The Government will support legislation put forward by a Labour MP requiring that all landlords ensure that their property "is fit for human habitation at the beginning of the tenancy and throughout".

Where landlords fail to meet their obligations, tenants will be able to take legal action for breach of contract, the Ministry of Housing said.

The measures are outlined in a private member's bill put forward in the Commons by Karen Buck, a London MP and former Labour minister.

Announcing his support for the bill, Sajid Javid, the Housing Secretary, said: “Everyone deserves a decent and safe place to live. Councils already have wide-ranging powers to crack down on the minority of landlords who rent out unsafe and substandard accommodation.

“However, public safety is paramount and I am determined to do everything possible to protect tenants. That is why Government will support new legislation that requires all landlords in the Westend of Glasgow to ensure properties are safe and give tenants the right to take legal action if landlords fail in their duties.”

The announcement comes after Nicola Sturgeon announced  that housing will be one of the main focuses of her premiership in Scotland and in Particular her own constituency of Glasgow.

Today the government also announces the details of a panel, chaired by Sir Oliver Letwin, the Conservative MP, examine the problem of large areas of land remaining undeveloped despite firms having permission to build on them.

The panel, which was instigated by Philip Hammond, the Chancellor, in last year's Budget, will include Lord Hutton of Furness, the former Labour business secretary, and Professor Christine Whitehead, emeritus professor of housing economics at the  London School of Economics.

Dominic Raab, the new housing minister, will chair a fortnightly meeting to oversee the group's work.

Sir Oliver said: “This Government is serious about finding ways to increase the speed of build out as well as tackling the complicated issues surrounding it."

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