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Scottish landlords help needed

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My Son signed a second 6 month tenancy a couple of weeks ago.Today he has been given notice to quit in October as the landlords want to sell the property.

Am I correct that when his contract says he is to give 1 month notice and the landlords 2 that this does not change the fact he does not need to move out before the end of his new 6 month contract?
Self Employed, Running my Dream Jobs
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Comments

  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Correct. He can only be evicted during the initial fixed term if certain grounds apply. The Notice of Proceedings will state which ground the landlord is trying to use. I can't see that 'wanting to sell' is one of them.

    See here and here
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Having looked at the paperwork he has a Minute of Extension of Lease signed by my Son on 9/7/10 and witnessed by me. It was also signed on 23.7.10 by the agent for the Landlord. This was to start on 1 August 2010 to 21 January 2011.

    He has been given a Form AT6 and section 33 signed by Sheriff officer on 29.7.2010.

    The accompanying letter from the agents states the landlord has had a change of circumstances and needs to sell.

    The notice to quit talks about the current lease dated 1.2.10 which was for 6 months and says the lease has has expired.

    Does the fact that he has a renewal lease supersede this notice even though we are not yet at August 1st?
    Self Employed, Running my Dream Jobs
  • Cannon_Fodder
    Cannon_Fodder Posts: 3,980 Forumite
    Do 6 month ASTs ever have a break clause, at the halfway point ?

    (Taking him to October?)
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This one is just a generic clause as notice for both parties
    Self Employed, Running my Dream Jobs
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is more complicated. The Minute of Extension of Lease can't be the creation of a new AST, as AST has to have a minimum of 6 months minimum term. It may however still be contractually binding upon the landlord and if he evicts without ground during the Extension he might be liable to the tenant in damages. However, the Minute might also have been nullified by the subsequent issue of the AT6.

    I think your son needs to email or phone Shelter's advice service for urgent individual help. Citizens Advice Bureaux also deal with housing matters.

    He should also go to the local council housing officer and say he is being made homeless. Councils can be quite good at pointing out to private landlords that they can't evict, because it saves the council having to rehouse.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    This is more complicated. The Minute of Extension of Lease can't be the creation of a new AST, as AST has to have a minimum of 6 months minimum term.
    Not an Assured Shorthold Tenancy (AST) in Scotland but a Short Assured Tenancy ( SAT )
    I think your son needs to email or phone Shelter's advice service for urgent individual help. Citizens Advice Bureaux also deal with housing matters.
    Best suggestion.
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have emailed Shelter but the email back advised 5 working days to respond. Also couldn't get through to them on the phone before and now they are shut.

    If any Scottish Landlords can give us their interpretation in the meantime I would appreciate it.
    Self Employed, Running my Dream Jobs
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sorry to bump this but it would be good to know if I need to continue trwling the letting agents for a suitable property sooner or later. Spent 3 hours on line the first night!
    Self Employed, Running my Dream Jobs
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Agency has advised that because there is a 2 month Break clause in the agreement that this is legal. I'm not so sure about that.
    Self Employed, Running my Dream Jobs
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's a shame their were no more responses but the info I have now received from Shelter is that his new Extension of Lease is binding on the agents although they appear to think not.
    Self Employed, Running my Dream Jobs
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