Moving from 6mth lease to month by month contract in SCOTLAND

jenniferfluff29

Hi all

Looking for some advice. Please bear with me.

I am currently renting a property in Scotland on an original 6 month contract. The contract states that we need to give 2 months notice if we wish to move out (current contract finishes on 4 May).

Today we received a letter from LA. With the following options which will only be requests by ourselves which will then be put to the LL:--

1 Ask to extend lease again for 6 months.
2 Continue lease of month to month basis (with stipulation that we have to give 2 months notice if we wish to leave).
3 End lease on renewal date of 5/5/09 (if we wish to end lease, we MUST notify them by 4 March as we require to give 2 months notice).

Plus - "If the LL choosed to terminate the lease we shall serve you with a Notice to Quit in accordance with the Housing (Scotland) Act 1988.

My questions that I have on the above are as follows:-

1 Considering that the LA has to write to the LL, if the LL doesn't want to continue with leasing to us, do they need to give us 2 months notice to quite on our current lease contract? The LA may not get notification back to us before the 4 March, so how can LL give us the required 2 months notice.

2 If we proceed onto a month to month lease, can the LA stipulate that we must give two months notice? I have read in various places that if you move to an AST that you only need to give one months notice, even if the lease says otherwise, but unsure if this applies in Scotland. The LA says that we must give two months notice at all times.

Any advice would be helpful.

Thanks

Fluff

PROFESSIONAL_LANDLORD

1 The LA must give at least 2 months notice, they've got until the 5th March, enough time if their on the ball.



2. A tenants notice is usually 4 weeks if the property is let by the week, fortnight or month , But a longer period of notice may be written into the tenancy agreement between tenant and LL if they wish. You could have asked the LA to reduce your notice to a month when you originally signed, I doubt they would have though. If you proceed month to month, the terms will be the same as your original lease.

jenniferfluff29

Thanks for that info. I was mostly concerned that I thought that the LL may be able to evict us at anytime up until the 5 May and we wouldn't have any comeback.

Thanks for clearing that up.