When can I leave my rented accommodation? (Short Assured Tenancy - Scotland)

laguna13

I've been living in rented accommodation for five months and five days now, since July 15th 2009. When I viewed the property, the landlord told me that after the initial six months are up, the tenancy would renew monthly. However, I've just looked over the agreement which I signed and come across this:

The lease of the Subjects of Let shall commence on the date of entry and terminate on the date of termination, or as may be sooner determined as hereinafter provided or in terms of the Law. If this Lease is not terminated at the date of termination by two month's written notice having been given either by the Landlord or their Agents or the tenant, or by the tenant to the Landlord, this lease shall continue on a year to year basis after the date of termination and that on the same terms and conditions as herein contained until either the Landlord or their Agents or the tenants give to the other, two month's written notice to quit.

Surely this cannot be right, as my initial tenancy was only for six months, so what right does he have to turn it into an annual tenancy after this time?

The property is in Scotland and has a Short Assured Tenancy. I am now (due to a change of circumstances) looking to leave ASAP. Is it possible for me to leave the property on the date of termination (15th January 2010)?

Sharon87

I think you as a tenant have to give 1 months notice, whilst if the landlord wants you out he has to give you 2 months notice. I think that's how it works in England, not sure if Scotland is the same.

laguna13

Yeah, I am really looking for some advice specific to Scotland. I want to leave on the end date of my tenancy and have no problem paying the rent that is due (it has all been paid now) for my six months. I just want to leave on the end date of my tenancy, but it is now too late to give the landlord 2 months' notice and I'm wondering if I vacate the property by the termination date and hand the keys back whether I need to give any notice at all.

laguna13

The tenancy states:

DATE OF ENTRY AND 15TH JULY 2009

COMMENCEMENT OF LET

DATE OF TERMINATION 15TH JANUARY 2010

I'm just confused by it all. I'm not at the termination date yet and I have read online that tenants in England are able to end their tenancy on the end date by vacating the property and giving the landlord the key back.

I cannot find any information online that says this is also the case for my Short Assured Tenancy in Scotland.

scottishblondie

The notice period is usually laid out in the tenancy agreement, so it does sound like you need to give 2 months notice, but that might not apply when you are intending to leave at the end of the initial period. Generally a SAT will become a rolling month-to-month thing when it ends, but I suppose it could be different depending on the agreement you signed.

I'd suggest that you give notice now that you wish to leave at the end of the tenancy, at least then if you are actually required to give 2 months notice you'll only have to pay for one additional month. I'd do this ASAP, as giving the landlord more time to find a new tenant might make him more amenable to letting you go next month. Just vacating the property and giving the keys back isn't really fair on the landlord, after all, and you could end up losing your deposit.

laguna13

What I'm really trying to establish here is if Tacit Relocation comes into effect on the end date of my tenancy if I give my landlord notice that I wish to leave BEFORE that date but not as much notice (2 months) as is mentioned in the lease.

I'm going to contact the letting agent tomorrow and discuss this with him. He's generally a very approachable and nice person, so hopefully I won't have a problem...

laguna13

Thanks. My first contact tomorrow will be my letting agent. I'll speak to him and see what he says about leaving on January 15th. I've been an excellent tenant (I think), no breakages or faults and I have never asked him for a single thing since I moved in. Hopefully this will work in my favour.

tbs624

scottishblondie wrote: »

The notice period is usually laid out in the tenancy agreement, so it does sound like you need to give 2 months notice, but that might not apply when you are intending to leave at the end of the initial period. Generally a SAT will become a rolling month-to-month thing when it ends, but I suppose it could be different depending on the agreement you signed. ..

If a T doesn't give the appropriate notice prior to expiry of the Fixed Term, then the tenancy is renewed under Tacit Relocation, unless the relevant SAT specifically says that TR does not apply. The OPs SAT clearly intends TR to be operable.

scottishblondie wrote: »

I'd suggest that you give notice now that you wish to leave at the end of the tenancy, at least then if you are actually required to give 2 months notice you'll only have to pay for one additional month....

You misunderstand what TR does. The LL may be open to negotiation if they can get someone new in, but under TR the tenant's obligation to pay rent continues beyond what would be the case under a periodic tenancy. By failing to give the correct notice , the T effectively is bound to a new fixed term.

It's irrelevant what happens in Eng and Wales - ASTs are not subject to the doctrine of TR. It's vital that all Ts read their contracts before signing them wherever they live, but Scottish tenants do need to be especially careful around this one.

OP - Artful has given you some good sources of advice

KIBB1E2011

Hi there!

Im in a scarily similar situation at the moment! I entered my tenancy on 29th October 2010 and was verbally told by the landlord that it would be a 6 month then from then on a rolling month-to-month contract, yet as it got close to April (6 month point) i checked the tenancy and it says I'm in for 12!

I would be very interested on how/if you resolved this! If you could please contact me on Tis1.Just1.Me1 and then it is @ hotmail.co .uk

Thanks,
Kirsty