Scottish landlords help needed

eco-friendly_2

A "minute of extension" is a rule or statement of general application to obligations in Scottish Law. I would very much doubt though using that term in a lease can legally overide a tenants rights under the Housing (Scotland) Act(s)


I reckon they must be a large agency using Sheriff Officers to send out their notices, although I'm surprised they havn't stated the actual ground in their notice. In any event the grounds can only be discretionery.

Joyful

The grounds in the notice was that the tenancy had come to an end.

tbs624

Joyful wrote: »

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.

The LA acts in the interest f the LL , not you as the T so it is best that you seek your own clarification.

Absolutely no training, specific experience or quals needed to set up in business as an LA either, so a fair proportion of them tend not to know their a from their e.

tbs624

eco-friendly wrote: »

A "minute of extension" is a rule or statement of general application to obligations in Scottish Law. I would very much doubt though using that term in a lease can legally overide a tenants rights under the Housing (Scotland) Act(s)

Doesn't look like the LA/LL is trying to use the MoE to override the Ts rights, but rather is seeking to ignore the existence of the MoE?


OP - Shelter (Scotland) are the "experts" - if they reckon the MoE is binding then it probably is.

It's difficult for readers on here to help since the majority of us are more familiar with the law in Eng/Wales.

Have you taken your paperwork to the Private Sector Rentals TRO (tenancy relations officer) at your local Council for their advice?

Joyful

As it looks like the Landlords are in a financial crisis my Son is going to see if the agency can come up with something that will suit him. If not he is gong to hold out for the 6 months that he has signed for knowing it is watertight. Shelter advised that what he needs to be given is 40( or 41) days notice before the end of the current lease, which would be in November for him to leave in January.

As a coincidence the person I managed to speak to at Shelter was at that moment responding to the email I sent on the Friday!