Ending a tenancy.

geedad

Sorry for bumping this up again, but does anyone know the workings of tacit relocation? I am looking for a way out of the lease and was wondering if tacit relocation applies even though there has been such a major change in circumstances, does tacit relocation apply simply on the basis there was no notice to end given and thats that?

tbs624

geedad wrote: »

Sorry for bumping this up again, but does anyone know the workings of tacit relocation? I am looking for a way out of the lease and was wondering if tacit relocation applies even though there has been such a major change in circumstances, does tacit relocation apply simply on the basis there was no notice to end given and thats that?

You do need to check whether your contract specifically states that the tenancy "shall be subject to TR", hence why i said

tbs wrote:

geedad - take your contract and make an appointment to see the private sector rentals team, so that they can go through it with you. If you have a look online at the LL register you can obtain the name and address of the LL and then talk to him/her direct.

It may be that , given your circumstances, the LL *may* agree to releasing you/your ex-partner from the tenancy agreement if you agree to pay advertising costs involved in finding a new T and assist with viewing opportunities. Some LLs would prefer this option rather than run the risk of you falling into arrears, so it's always worth asking.

If neither you nor your LL wanted to give notice prior to the FT expiry ( ie if both parties were "silent", so their conduct did nothing to rebut the presumption that TR would come into force) then TR will mean that the contract does automatically renew. AFIAA even had you moved out on expiry of the FT ( as Ts in Eng/Wales are entitled to do) if you had failed to give proper notice. then your obligation for a further FT would continue, unless the LL agreed otherwise.

The unfortunate fact that your circumstances changed doesn't alter things for you unless your LL will compromise. It's no different from if you had just signed up for a first Fixed Term and your own family situation altered.

Talk to Letwise at Edinburgh Council for definitive advice, just in case your contract does not clearly state that TR does apply.

geedad

I've gone over the tenancy agrrement and can't see tacit relocation mentioned but theres a lot of references to "Housing Scotland Act" in it so I don't know if this is included in there, I'll contact Letwise and ask their advice.

Thanks tbs264 your help is greatly appreciated.