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This information applies to Scotland
I have received a claim for possession from the Sheriff Court because I have not paid my rent. What can I do?
If you do not pay your rent, the landlord has a legal right to ask a court to evict you. If you have received a claim for possession and want to try and stay in your home then you must act quickly. If you cannot afford to pay your rent because you have a low income, you may be able to get some help with the payments by claiming housing benefit. If you can afford to pay your rent and pay a little extra towards any arrears you should talk to your landlord. The landlord may be willing to make an agreement with you and stop the court action. It is important that you keep to the agreed payments.
If the landlord will not accept your offer or you cannot keep to the payments, then you may need specialist advice. To search for details of your nearest CAB, including those that give advice by email, click on nearest CAB.
If the landlord will not agree to accept your payments, then you should reply to the claim and attend the court hearing. If you can make a reasonable offer of payment, the court may accept it and allow you to stay in your home. If the court does not agree to your offer, you will be given a date when you will have to leave your home. The costs of the court hearing will also be added to the rent that you owe the landlord.
For more information on problems with rent, see Problems with tenancies.
For more information about housing benefit and other help with rent, see Help with your rent - housing benefit.
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My landlord will not return my deposit. What can I do?
You paid a deposit to your landlord when you moved into your flat and now s/he will not return it. When the tenancy ends, the landlord or letting agency should inspect the property. S/he can make deductions if there has been any damage to the flat or the furniture, or for rent arrears, outstanding utility bills or missing items. Deductions should not be made for reasonable wear and tear.
If your landlord will not return your deposit or you disagree with how much he has deducted, you should negotiate. If this fails, then you could consider taking court action against your landlord. Your CAB may be able to help. To search for details of your nearest CAB, including those that give advice by email, click on nearest CAB.
For more information on deposits, see Finding accommodation.
For more information on court action, see Small claims in the sheriff court.
For general information for tenants with problems, see Problems with tenancies.
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I had to leave my last home and now I have nowhere to live. Do the local council have to re-house me?
Local authorities have a legal duty to give help and advice to most people who are homeless, but they do not have to provide accommodation for everyone. If you have just arrived in the UK or you have just returned after living abroad, you may not be eligible for re-housing.
If you are homeless, you need to get specialist advice from your CAB or local Shelter Housing Aid Centre. To search for details of your nearest CAB, including those that give advice by email, click on nearest CAB. Shelter Scotland provide a free housing advice helpline on 0808 800 4444. There may be a Shelter Housing Aid Centre you can visit in your area. You can find more details, and get advice on-line, at scotland.shelter.org.uk.
The local authority will check that you are actually homeless or about to become homeless. If you have a home somewhere else, where you could reasonably live, you will not be treated as homeless. The local authority will also have to decide whether you or someone in your household is in priority need.
You will be in priority need if you are pregnant or have children or had to leave your last home because of domestic violence. You will also be in priority need if your home has been affected by an emergency such as fire or flood. You may also be in priority need because of old age or poor mental or physical health.
The local authority will not rehouse you if you are homeless because of something that you deliberately did or failed to do. For example, if you were evicted from your home because of anti-social behaviour you could be classed as intentionally homeless. The local authority will also check that you have a connection with the local area, for example, that you normally live, work or have family there. If they decide that you have a local connection with another area, they may refer you to that local authority instead.
The local authority will give you temporary accommodation while they investigate your circumstances. If you are found to be homeless and in priority need (and not intentionally homeless) the local authority must help you to find suitable, available permanent accommodation or arrange accommodation for you.
For more information on being re-housed by the local authority, see Finding accommodation.
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I have been on the waiting list for a council house for ages. What can I do to speed things up?
All local authorities and housing associations have to keep a housing list which is a list of names of people who have applied for, and who qualify for, housing provided by the authority. The local authority must publish the details of how to apply to be registered, how properties are allocated and when names will be removed from the register.
Each local authority has its own scheme for allocating properties but the law says that some people should be given ‘reasonable preference’ for housing. This includes people who are living in overcrowded or unhealthy housing conditions, families with dependent children and people with special needs - for instance, illness or disability.
You should make sure that the local authority know about any special needs that you or other members of your household have, and let them know if your circumstances change, for instance if a new baby is born or someone in your family develops ill health.
For more information about waiting lists, see Finding accommodation.
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The house I rent is very damp. I told the landlord but she has not done anything about it. What else can I do?
As a tenant, you have the right to have the structure of your home kept in good repair by the landlord. This includes some of the installations in the home such as heating and hot water systems. You will often be responsible yourself for repairs to internal decoration and for minor repairs such as a blocked sink. Details about repairs are usually set out in a written tenancy agreement that describes the landlord's and tenant's responsibilities. If you do not have a tenancy agreement the law may still give you some basic rights. However, you should always check your housing status before you complain about housing conditions, as some landlords try to evict tenants who wish to enforce their legal rights to repair.
When you have decided that your repair should be done by the landlord, you must tell them about the repair that is needed. You should write out a description of the problem and collect evidence such as photographs, a report from environmental health officers, and medical reports if the disrepair is affecting your health or the health of someone in your household.
If the landlord still fails to carry out the work you have a number of options, some of which depend on what type of landlord you have. If you have a private landlord, you can apply to the Private Rented Housing Panel which has the power to order your landlord to carry out the repairs. If you do not have a private landlord, you could consider contacting the Environmental Health department at your local authority. If your landlord is a registered social landlord such as a housing association or is a private landlord, then the local authority may be able to force them to take action. If you are a tenant of the local authority itself, then you should make a complaint using the authority’s complaints procedure. Ultimately, whatever type of landlord you have, you can take your landlord to court.
You should carry on paying your rent while you try to get the repair work done, as your landlord may try to evict you if you have rent arrears.
For more information about problems with rented accommodation, see Disrepair in rented accommodation.
For more information on general problems with privately renting tenants, see Problems with tenancies.
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I rent my flat privately and the landlord wants to increase the rent. Can he do this?
It all depends on the type of tenancy agreement that you have. If your tenancy is for a fixed term (for example, six months) the rent cannot be increased during the fixed term unless the agreement states that it can, or you agree to the increase. When the fixed term ends, the landlord may ask you to sign a new tenancy agreement which charges a higher rent.
If your tenancy is not for a fixed term, the landlord can charge a higher rent if you agree, or if the agreement allows for this, or by giving you the correct written notice. If the agreement allows for an increase, it should say when and how this should happen, for example, annually.
In some cases you can appeal against an increase if you think the amount of the increase is too much or if you think the notice of the increase was not issued correctly. If you start to pay the increased amount this means you have agreed to it and you cannot appeal against it.
Some tenants have very little protection against eviction and could risk losing their homes if they disagree with the landlord about the amount of rent to be paid. If you cannot afford to pay your rent, remember you may be able to claim housing benefit.
For more information on private tenancies, see Private sector tenancies.
For more information on claiming housing benefit, see Help with your rent – Housing Benefit.
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I want to take out a mortgage to buy a house. What do I need to know?
There are two main types of mortgage - repayment mortgages and interest-only mortgages.
If you have a repayment mortgage you repay the amount that was borrowed (the capital) by regular monthly instalments, together with an amount of interest each month. The payments will usually be made for a fixed number of years called the term of the mortgage.
If you have an interest-only mortgage the amount borrowed remains the same throughout the term of the mortgage. You pay interest on the whole amount by monthly instalments for the full term. In addition, you pay money into an investment scheme such as an endowment policy, a pension or an ISA. At the end of the mortgage term the money from the investment is used to pay off the capital that was originally borrowed. If the investment has done well, the borrower may receive a lump sum payment, or a pension or a regular income payment as well as paying off the mortgage. However, if the investment has not grown enough there may not be enough to pay off the mortgage.
Other types of mortgage include an Islamic mortgage, in which none of the monthly payments include interest.
A mortgage can be taken out by one person or by two, three or four people jointly. Joint borrowers are all equally liable for the repayments which means that if one person cannot or will not pay, the other borrowers will have to pay the full amount. If a borrower or borrowers do not make the regular repayments as agreed under the mortgage agreement, the lender can ask the courts for possession of the property which will be sold to recover the outstanding money.
For more information on mortgages, see Buying a home.
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I have an endowment mortgage and have been told that there won't be enough money at the end of the mortgage term to pay for the house. What can I do?
There are over 10 million endowment policies linked to mortgages in the UK. An endowmnet mortgage combines an interest-only mortgage and an investment (the endowment policy). Throughout the term of the mortgage (usually 20 or 25 years) interest is paid on the amount borrowed to your mortgage lender and a monthly premium is paid on your endowment policy. The endowment premiums are invested with the intention that the endowment produces enough capital at the end of the term to pay off the mortgage. If your endowment policy won't reach this target you will have a shortfall and will need to pay part of the capital owed on your morgtgage another way.
Many people were mis-sold endowment policies because the policy was not suitable for them. There are many reasons why an endowment policy may not have been right for you but broadly, if you were not informed of the risks associated with using an investment product to repay your mortgage you have grounds for complaint. It is important that you complain because you may be entitled to compensation. Find out more about problems with endowment mortgages from the Financial Services Authority's Helpline on 0845 606 1234 or look at their website at www.moneymadeclear.fsa.gov.uk
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