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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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Hi - I am a letting agent and a former tenant has raised a

Customer Question

Hi - I am a letting agent and a former tenant has raised a small claim against my firm. She owed rent rent at the end of the tenancy; we did not make any deductions from her deposit (cleaning etc) but set the outstanding rent against the deposit. We plan to counterclaim (ie - she pays the rent she owes in full, we refund the deposit in full) but I wonder if we should start by challenging jurisdication. We are based in Glasgow - she has raised her claim in Paisley. Our tenant agreement states...


It is hereby agreed by the Landlord and the Tenant that the law of Scotland shall apply to this agreement and that Glasgow Sheriff Court shall jurisdiction in all matters relating to this Short Assured Tenancy Agreement, and any further or additional documentation relating to this agreement.

Just wonder what your advice would be!
Thanks, Andrew
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Yes you should challenge jurisdiction. In addition unless the actual landlord was not named on the agreement, her action should be against the landlord and not you as agent.

It is difficult to speculate the basis on which she seeks repayment of the deposit when she still owes rent. What does her statement of claim say? Happy to discuss further if you let me know.

I hope this helps. Please leave a positive response so that I am credited for my time.