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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I live in Scotland,a girl came round to see my property agreed

Resolved Question:

I live in Scotland,a girl came round to see my property agreed to take it and put down £700 deposit,she said she required a mattress which I have bought for her.got a email yesterday and she no longer wants the flat,am I entitled to keep some of her deposit
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scptland and will help you with this.
Can you tell me if there is a signed lease?
Customer: replied 2 years ago.
No not yet it was just a verbal agreement
Expert:  JGM replied 2 years ago.
You can attempt to keep the cost of the mattress but technically you should not have taken a deposit as it should only be taken when the lease is signed and then transferred to one of the deposit schemes.
You can say that you are deducting the cost of the mattress and she may be happy enough with that but if she insists on the whole deposit you will have to pay her it.
Happy to discuss further.
I hope this helps.
Customer: replied 2 years ago.
What about the time wasting I have went through,I have had to pay more money to re advertise,it was her that wanted to give me money for it to keep it for her.it seems that the rules are all in favour for the tenants and the landlord loses out.i have lost money because of her
Expert:  JGM replied 2 years ago.
It has always been the law in Scotland that a lease of heritable property MUST be in writing. If you have no lease you have no contract. That is the problem you have here, I'm afraid.
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