I keep reading the tenancy agreement and not seeing anything re: notice for vacating

*Kat*

the property. It is usually 30 days isn't it?

The tenancy agreement "expired" back in January. I do still have to give notice to leave though, right?

DVardysShadow

Search this forum for 'statutory periodic tenancy'. All explained time and time and time...

Cissi

By law you have to give 1 month's notice, the LL would have to give 2, and it has to coincide with the tenancy dates (usually but not always the day you pay your rent). If your tenancy started on the 5th of one month for example, then you have to give notice by the 5th of the month to leave on the 4th of the following month. If you miss the correct date then you may effectively have to give almost 2 months' notice.

Hope that helps.

theartfullodger

Herewith, outlined in chapter & verse from the wonderful Shelter's wonderful website

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

Don't worry about asking questions to which the answer lurks herein... where would some of us be all day without the easy questions to answer....

Best wishes to all, including those who disagree with me...

Artful

tbs624

Cissi wrote: »

By law you have to give 1 month's notice,..

...if rent paid monthly. If rent paid weekly or fortnightly then it's 4 weeks notice from tenant, if rent paid quarterly then a quarter's notice and so on.:)
(Eng/Wales)

See further comments below - we seem to have missed OP's location until B&T highlighted it.

tbs624

DVardysShadow wrote: »

Search this forum for 'statutory periodic tenancy'. All explained time and time and time...

Such brevity is not like you DVS - and let's remember that many Ts (and some LLs/LAs) don't have a clue what a stat perioidic is

theartfullodger

tbs624 wrote: »

Such brevity is not like you DVS - and let's remember that many Ts (and some LLs/LAs) don't have a clue what a stat perioidic is

Well said: Or judges, or bailiffs, or solicitors, or the criminal Butler

Cheers!

Artful

DVardysShadow

tbs624 wrote: »

Such brevity is not like you DVS - and let's remember that many Ts (and some LLs/LAs) don't have a clue what a stat perioidic is

This is true. But as I was a bit busy, I thought it better to put up a searchable term which would enable OP to move forward.

BitterAndTwisted

Are the notice periods for stat periodic tenancies the same in Scottishland as in E&W?

tbs624

BitterAndTwisted wrote: »

Are the notice periods for stat periodic tenancies the same in Scottishland as in E&W?

Good point B&T - had dozily missed that OP 's location reads Edinburgh:(

Doctrine of tacit relocation affects things north of the border.

OP- what does your tenancy agreement say about what happens after the Fixed Term? Some tenancies renew for a further FT for the same period of time as the original FT, and others run on month to month

You should discuss notice periods with the LL if it is not clear from your tenancy agreement

The gen rule is 28 days if contract has been running month to month or 40 days if it has renewed for a period of 6 months or longer.

Please check with Shelter Scotland for clarification or Artful may be able to confirm.

theartfullodger

ArrrgggHhhhhhh!!!!!

Sorry, hadn't spotted Scotland..

Answer assumes you have a SAT...

See Shelter Scotland - depends on where you are in't tenancy, see

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#4

The minimum notice you have to give is:

• 40 days if your tenancy is for six months or longer
• 28 days if your tenancy is continuing on a month to month basis after the original period has expired.

The minimum notice is based on how long it says the property was let for on your tenancy agreement. It is not based on how long you have lived in the property.

So that looks like 28 days ...

Apologies, must remember to read question before answering...