Rental agreement help! Scotland!

jen_br

Hi, we have been renting a property in Scotland since 2009 on a Short Assured agreement with 6 monthly "renewals" I use the term loosely because every 6 mths the agent comes around and says "you wish to continue" and I say yes.

The agreement stated the landlords could only give notice 2wice a year (2 months before the 6mth anniversary so we signed in an oct so they could give notice before Aug 1st or again in Feb/March for april) and we had to give 40 days.

Now the LL is selling the property we were handed a notice to quit (we live in scotland). Basically meaning we had to be out by Oct 1st.

But in the other hand the Agent had a new contract for us to sign as the LL doesn't want us to leave but does want a better agreement incase they sell. We were told we HAVE to sign this document so that there is no gap.

So we signed it.

The new agreement is a "short assured Tenancy" agreement but then goes on to state its a 2 month thing. Whereas we have to give the LL 2 months notice and she has to give us 2 months notice on the 1st of any month. this is for Oct -Dec 2012 and will roll on for 2 monthly thereafter.

QUestion 1 is I thought AST and short assured had to be a minimum of 6 months? i know there is something about it being same property but basically one lease was terminated this is a new lease.

Question 2 is... are we now bound to this? we were thinking about it after the fact (hindsight and all that) and thought maybe we should move otherwise we are sitting ducks... and I have found some properties that we either want to Purchase or rent... but now I feel im tied into this property until december!

Is this the case or can I give me 40 days (which i need to give by the 23) and wash my hands of it and the new lease is null and void or?

Or is there some sort of loophole I can use to get out of the new lease etc etc etc

We love our home and our LL but really this is benefiting them not us I have children I don't want viewings and living on egg shells that we can be asked to leave i rather find something I want and do it that way.

Thoughts?

[Deleted User]

If I understand your post.., if you or your landlord give notice, u have at least two months to find another property. In reality, if u hadn't found a property u'd have at least another six weeks because it would take your landlord that long to go to court for an eviction notice and then get bailiffs to the house to force you out.

But my point is, regardless of who gives notice to whom, u will have two month's plus to find somewhere else to live. It doesn't really matter who gives the notice.., the minimum possible time period is the same. I don't know how much private housing of the type you want in your area is available (there's not a lot in mine).., but only you can decide if u'd be pushed to find another property in two month's plus. If u do anticipate it being difficult then I guess its worth looking.

But be aware that u risk there being a cross over period where u'd lose some of your rent/deposit because and u'd have no idea what sort of landlord you are taking on (as I have learned lol.., they change once u've signed the contract lol). You know this landlord.

What is also worth thinking about is how easy will it be to sell your property i.e. how much of a reality are your landlords plans to sell the property? If he did sell, u might be able to negotiate him paying u something for the inconvenience of having to move. I'd suggest, if u can, having a word with the landlord.

jen_br

Thanks they want too much for the property we looked at buying but they want over the home report value... I live in the country.

the question I really have is since we signed this lease starting again in oct as we were told we HAD to after being given the notice to quit... is there a way of getting out of that..

i.e if i give notice now (which i can in my old tennancy) will that nullify the new lease as its at the same property

BitterAndTwisted

Jen it might be worthwhile amending the thread titled to include the word "Scotland" as the tenancy laws are quite different there to England & Wales. This might help avoid being given erroneous information. There is a regular poster on this forum who is a landlord with properties in Scottishland who may be able to advise if they spot that you're north of the border.

jen_br

Thanks! did that!