The aristocrat, her ‘mouldy’ mansion and a bitter row over £40k of unpaid rent
Lord’s daughter in bid to evict tenants from ancient priory
FOR 200 years it has been home to one of Scotland’s most eminent families.
But now the magnificent 14bedroom Rossie Priory is at the centre of a bitter rent row.
On one side is the aristocratic owner who is trying to evict her tenants, who she claims owe her nearly £40,000 in unpaid rent.
On the other side are the couple who are refusing to pay – because they claim the property has been left to crumble into disrepair.
The Hon Caroline Best – daughter of the late Lord Kinnaird – has begun a legal bid to have the couple booted out of the £3,125 per month Rossie Priory in Perthshire.
Meanwhile, Dr Peter Dymoke and his wife Beth allege that the sprawling mansion was in such a rundown state that it became almost uninhabitable and posed a danger to their health.
Mrs Best has lodged an action at Perth Sheriff Court which states the couple are £37,000 in arrears with their rent and should be evicted over non-payment.
However, the Dymokes have answered the claim by telling the court they deliberately withheld the rent to try to force the landlord to carry out essential repairs to the property.
The couple, who have operated a number of businesses, say the
‘She has not been able to live in the house’
stately home – which was built in 1817 for the 8th Lord Kinnaird – had mould and fungus growing in it because it was not wind or watertight and had floors which were often damp.
They claimed 59-year-old Mrs Dymoke – who had a pre-existing disability – fell and injured her head after slipping on the wet floor and ultimately had to move out for her own safety.
In a submission to court, the Dymokes’ lawyer states: ‘Mrs Dymoke is a person with a disability due to a serious head and brain injury. As a result of conditions on the floor she had fallen and injured her head again.
‘She has not been able to live in the house due to the landlord’s failure to comply with her obligations.’
The couple concede that Mrs Best, 71, had carried out some repairs but claim they had been ‘incomplete’ and they lodged a long list of outstanding problems.
They claim there has been fungal growth on walls and furniture, mould on a toilet ceiling, water staining in a picture gallery and rising damp.
The Dymokes told the court there was a risk of falling masonry because vegetation had been allowed to grow out of chimneys and blocked gutters were causing water to enter the mansion.
They also said many windows had been painted shut, while others had rotting frames, and because they could not be opened they posed a fire risk and limited the ventilation to Rossie Priory.
Mrs Best is seeking a decree for ejection from the property along with the £37,000 in unpaid rent, a figure agreed by both sides of the dispute.
Sheriff Pino Di Emidio has ruled the Dymokes will need to establish they were entitled to withhold rent in order to compel the landlord to fix the property.
He said: ‘The real issue arising is whether the defenders have given fair notice of the basis on which they seek to rely on the right of retention.
‘I consider the defender’s averments are sufficient to warrant allowance of a proof before answer [a hearing]. They make a long list of complaints that the defenders say amount to failures by the pursuer to comply with her obligations under the lease.’
The lease began on May 1, 2015, and the Dymokes started withholding rent from early 2016.
Contacted by The Scottish Mail on Sunday, Mr Dymoke said: ‘We do not wish to make any further statement at this stage other than to say that we are disappointed that our numerous attempts to resolve this amicably have failed but that we shall continue to try.’