Contract Query for Landlords

stationaryace

Unrelated to my last thread, I have a question to ask the many experienced (and nice) LLs on here. I have a friend asking for advice

Landlord has given notice to increase the rent in six weeks and will produce a new contract on the same date. Tenant was informed in the same letter that he has to give 2 months notice to quit tenancy. Can the LL give 6 weeks notice yet require 8(ish) weeks notice from the tenant, as even if he immediately gives notice there are 2(ish) weeks where she expects payment at the higher rate although he won't have signed the new contract?

ps this is in Scotland

Thanks in advance

Fire_Fox

Read the current tenancy agreement?

silvercar

Tenant does not have to sign a new contract and could continue on periodic contract basis. Though there is the risk the landlord wouldn't want this and issue a section 21 (notice to quit).

Even on a periodic a landlord can give a section 13 notice of a rent increase. This only requires a months notice to end at the end of a rent period. So the tenant could then have as little as a month and a day's notice.

stationaryace

Tenant is probably going to have to leave as he can't afford the increase in rent. The current contract states he must give 2 months notice- does this imply she too must give 2 months?

theartfullodger

As the property is in Scotland then ignore any references to "Periodic". If the tenancy has gone beyond the initial fixed period it will be continuing under "Tacit relocation" (for our English readers, pretty much the same as "Periodic").

If I remember correctly the Scottish LL can't just increase the rent unless the tenancy allows for that (eg "The rent will increase every 3rd August by 5%pa").

II would advise not responding/agreeing to the rent increase: Don't pay any increase.



Re. Her notice I think you need to re-read the tenancy..

Cheers!

Lodger

tbs624

theartfullodger wrote: »

As the property is in Scotland then ignore any references to "Periodic". If the tenancy has gone beyond the initial fixed period it will be continuing under "Tacit relocation" (for our English readers, pretty much the same as "Periodic").

Artful - doctrine of TR more complex than English stat periodic. Depending on terms of original SAT, if correct notice not given by T or by LL then at expiry , the contract re-runs for a new fixed term rather than just running from month to month. OP needs to get reading that original contract.

theartfullodger wrote: »

If I remember correctly the Scottish LL can't just increase the rent unless the tenancy allows for that (eg "The rent will increase every 3rd August by 5%pa").

There may be a rent increase mechanism , as you say, within that original tenancy agreement, but the LL may increase the rent for a new fixed term.

If the T thinks that the proposed increase is too high in relation to other "market rents" the s/he can appeal to the PRHP ( Private Rented Housing Panel) or try negotiiating . A rental void and a new unknown T may not appeal to the LL.

The LL should be registered with the local council - is this the case?

theartfullodger

tbs624 is absolutely correct.

Re. Landlord registration you can check if the property/LL is on the system (but beware, there is a backlog of work) at..
https://www.landlordregistrationscotland.gov.uk/Pages/Home.aspx
If he isn't registered it is a criminal offence. Might be an interesting bargaining point...

Cheers!

Lodger