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Scottish consumer and housing law opinion

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  • Scottish consumer and housing law opinion

    Hi can some body tell me if these points below are correct, any i missed which could be added?

    We are the current sitting tenants of [insert full property address], which is currently being marketed on your platform as an investment opportunity. We write to ensure that you are fully informed of the legal status of our tenancy and related matters, which we believe constitute material facts under Scottish consumer and housing law.
    • We have occupied the property continuously since 1 September 2017, and no AT5 notice was ever served prior to or during the creation of the tenancy.
    • The tenancy agreement has no fixed end date. Under the Housing (Scotland) Act 1988, this qualifies as a statutory Assured Tenancy, which provides us with security of tenure. We will not vacate the property unless evicted by order of the First-tier Housing Tribunal, under one of the limited statutory grounds.

    Furthermore:
    • We have been approved by the Scottish Government’s LIFT OMSE scheme and our solicitor has submitted a formal offer to purchase the property to the landlord.
    • The title is subject to restrictive burdens, including a prohibition on holiday lets or short-term commercial use.
    • The property is not currently compliant with rental legislation, as there is no valid EICR (Electrical Installation Condition Report) on file.
    • Rent was already increased in April 2025, and in line with current rent control legislation in Scotland, no further increase is permitted this year. We will oppose and legally challenge any attempt to impose an excessive or unlawful rent increase.

    These points are crucial to the legal and financial context in which the property is being sold. We request confirmation that this information will be made available to all prospective buyers and properly reflected in your listing.
    Tags: None

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