Legal Advice
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Tenant rights
For advice on housing issues contact Shelter's Housing Advice Helpline FREE on 0808 800 444.
As we get older, a sense of security becomes more and more important. And this is about more than money in the bank and a sturdy lock on the door.
Knowing that as a tenant - whether council, housing association or private - you have certain rights firmly entrenched in law, is an important factor in maintaining this feeling. And these rights cover everything from your right to stay in your home, to your right to have it maintained:
Security of Tenure - the rights you have to stay in your home are called 'security of tenure' and all tenants of rented property in Scotland have this. In most cases this means that you cannot be forced to leave your home unless an order for eviction has been granted by the court.
Rent - depending on what type of tenancy you have, you may have rights about what rent you can be charged. Before raising the rent your landlord has a duty to consult with you and take account of your views.
Repairs - Tenants have various rights relating to the repair and maintenance of property, and your tenancy agreement should specify who is responsible for what. But your landlord must cover major repairs - such as roofs, central heating, plumbing and electricity - and provide a house which is in a 'tenantable and habitable' condition. Repairs must also be done within a reasonable time.
Adaptations - If you are disabled and need repairs, improvements or adaptations to your home you should contact your landlord. There is legislation that details the services you have a right to and local authority improvement grants are available to help with the cost
This is just a brief look at some of your basic rights. The law relating to tenants is complicated - so you should get more detailed advice from a specialist adviser if you feel you rights are being ignored or abused. Here's a list of places where you should find someone to help:
Housing advice centres - Some areas may have a specific housing advice or housing aid centre. Ask your local council or Citizens Advice Bureau if there's one in yours.
Citizens Advice Bureau - If there isn't a housing advice centre locally an adviser at your Citizens Advice Bureau may be able to help. Check the phone book for an address and contact number.
Legal advice - Solicitors can advise you on the law and represent you in court if necessary, but it's a good idea to find one who's experienced in housing law. If you are on low income Legal Aid may be available and some areas also have Law Centres where you can get free legal advice from solicitors. Call the Law Society of Scotland on 0131 226 7411 for more information.
Shelter's Housing Advice Helpline - This national helpline can provide advice on a range of housing issues. It is open 9am until 5pm Monday to Friday and the call is free - telephone 0808 800 444. For further information please click the link: www.shelter.org.uk/getadvice.
Information courtesy of Age Concern Scotland Factsheet 35s,' Rights for council and housing association tenant' June 2005' and Age Concern Scotland Factsheet 36s 'Private tenants' rights' August 2006' Website:www.ageconcernscotland.org.uk
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