Question about my Lease agreement (Scotland)

IAC

I am unsure what the following means on the lease agreement. I am signing up to a 1 year contract. Am I right in thinking the paragraph below removes my right to automatically move onto a Statutory Assured Tenancy? Which would mean I would need to agree a new lease after the year or vacate immediately?

Thanks for anyone that can help.

"That you will remove from the property on the termination of the let and not at any time create a Statutory Assured Tenancy in the subjects in terms of the housing (Scotland) Act 1988 which interfere with the landlords right to vacate possession;"

Jowo_2

This is perhaps a question better answered by Shelter Scotland. A landlord can put any clause they like in a contract but if it doesn't correspond with housing law, it's not worth the paper it's printed on.

tbs624

Does the agreement make mention of whether Tacit Relocation will apply? ( This is where, upon expiry of the Fixed Term, if appropriate notice has not been given , then the tenancy renews for either the same period as the original FT, or for a year, whichever is the shorter.)


AFIAA, if TR is not applicable, a Ts right to stay put at expiry of th e original FT Short Assured Tenancy and become the subect of a Stat Assured Tenancy is governed by the Housing (Scotland) Act 1988 - see s16. The clause appears to seek to take away rights available under statute.

Run that clause by your local Council's private sector tenancy relations officer, or Shelter Scotland as suggested above, before signing up.

IAC

Shelter Scotland have said that the LL would have to get a sheriff court order to remove us from the property if he wanted rid of us at the end of the 12 month contract. I don't think that paragraph is known to the LL, I personally feel the Letting Agency have added that paragraph in, so that they can attempt to charge £50 + Vat for the extension of the lease. I have now E-Mailed the Agency asking for removal of the fee as this is an illegal premium under the the Rent (Scotland) Act 1984

tbs624

The LA cannot effectively ask you to "sign away" your rights under the Housing Act. I'd draw a line through that clause on both copies of the tenancy agreement and sign at the side of the alteration.

Is this LA registered with the local Council as required under Scottish law?

IAC wrote:

I don't think that paragraph is known to the LL

Many LLs are not aware of the fine details of the LA contracts foisted upon the T, in the LL's name.

IAC

Just recieved a reply stating that the fee charged for extending a lease will be removed