Ending a Short-Assured tenancy early

N79

Just a word of warning - some of the OPs language eg Tenement, incorrect tenancy name etc just make me wonder if this let is in Scotland - in which case it should be noted that the above posts are based on English law.

Owain_Moneysaver

N79 wrote: »

Just a word of warning - some of the OPs language eg Tenement, incorrect tenancy name etc just make me wonder if this let is in Scotland - in which case it should be noted that the above posts are based on English law.

Short Assured Tenancy is the correct term in Scottish law.
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

tbs624

N79 wrote: »

Just a word of warning - some of the OPs language eg Tenement, incorrect tenancy name etc just make me wonder if this let is in Scotland - in which case it should be noted that the above posts are based on English law.

The fact that the OP said "OK Im looking at the AT5 and contract just now" clearly indicates that this is a property in Scotland. An AT5 is given to the T to confirm that the tenancy will be an SAT - s32 of the Housing (Scotland) Act 1988.

Posters on this board need to think to ask whether Eng/Wales or Scotland because ignoring a notice period requested within your Fixed Term contract north of the Border can mean a further Fixed Term tenancy arises automatically under the doctrine of Tacit Relocation. (Annabee/lizzielondon's posts- nod.4,5,7)

tbs624

OP - did you speak to anyone at the Council's Environmental Protection Unit? In Scotland LLs of properties in the private rented sector have to make sure that their properties meet a "Repairing Standard".

If the Standard is not met and/or the LL fails to do the necessary work to ensure that it does, then the T can apply to the Private Rented Housing Panel and a LL can be ordered to complete the repairs (google PRHP)

However, the issues with repairs as described by you don't entitle you to simply leave early. If you are in your 5th month of the original month fixed term and have given your notice , you don't have that long to go.* You can suggest to the LA (in writing) that the LL advertises the property immediately for an earlier relet with a proportionate discount on your remaining rent once a new T is in place, but they can look to you for the advertising costs and you would have to put up with potential new Ts viewing the property over the next few weeks.

*Edit - just reading back thru your posts - you appear to have sent your notice on 14 April, which would be too late to coincide with the end of your Fixed Term. Do read back through your tenancy agreement to see whether there is any reference to tacit relocation : Shelter Scotland can give you specific advice.

N79

Owain_Moneysaver wrote: »

Short Assured Tenancy is the correct term in Scottish law.
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

You are quite right that my post was unclear - I meant incorrect for English law, which had been assumed by all previous posters.