How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10096
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

A problem that I am encountering with items on the inventory

Customer Question

A problem that I am encountering with items on the inventory is how deposit companies are calculating loss: A recent example is their assertion that a destroyed item would last for 3 years, that I had had the original for 2 years and marked down the loss at 1/3 of a nominal Argos cost (all with no references). Whereas the item was actually older but a ***** ***** item, which being furniture would have lasted indefinably (or until it was damaged by others) and the replacement quality & cost which was twice the Argos cost. There was also no mention of my time in life to obtain another or dispose of the original?
An associated problem arises with deposit companies (and tenants) simply ignoring preagreed inventory values and management charges, should they occur. Original implemented to avoid quantifying disputes and simplify post lease negotiations. My experience now is that deposit companies are simply ignoring the contractual value and inserting their own made up details (as above). Should deposit companies not be using the pre agreed value? Is there any point in then suing the tenants for breach of contract/bad faith/misleading me? Are deposit companies not supposed to
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The problem here is that the deposit company is bound by the rules of the scheme. See this example and in particular rule 21.7.
https://www.safedepositsscotland.com/resources/files/Scheme%20Rules.pdf
That does not of course preclude you from suing in the court under the contract of lease, but the deposit company has regards ***** ***** rules of the scheme, not the lease, I'm afraid. You can argue with them but I doubt they will listen.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Which rule were you thinking about in particular? Are they not obliged to be correct to the law; is the contract not the law in this instance?

Expert:  JGM replied 1 year ago.
Rule 21.7.
You would like to think that they would follow the contract but they actually follow the rules of the scheme which is under the legislation. See The Housing (Scotland) Act 2006 and the 2011 Regulations concerning deposits.
Customer: replied 1 year ago.

Hmm, if the deposit company does arbitrate on the contract, can I have a separate deposit for the contract; as well as a deposit for the tenancy! SA

Expert:  JGM replied 1 year ago.
-Could you explain what you mean a little more?
Customer: replied 1 year ago.

Well if the deposit company do not recognize management charges of my contract Perhaps I need a separate deposit on a separate contract for the management of the property?

Expert:  JGM replied 1 year ago.
That's sometimes done in commercial lease transactions. I've never come across it in residential leases but there's no reason in theory why not if the tenant is prepared to agree to it.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.