Period of notice to Tennant in Scotland

colshandy

Does anyone know what the above should be?

The contract (from 2009) states "where contract is to be terminated, there is to be a period of notice of 1 canendar month for both landlord and tennant."

rpc

What ground is being used to claim possession? The notice period required is different for each ground.

edit: And is this a Short Assured Tenancy, with an AT5 notice served in advance?

theartfullodger

What were the original dates?? dd/mm/2009 to ??/??/????

I think you can just give 1 months notice. Make sure you do so in writing, keep copy, and send by email also if you can. Give 3-4 days for time-for-service - so (say.. if posting now, 27th Nov), I'd have notice say you will be leaving 31/12/2012....(or later as suits you..).

In Scotland what is specified in the tenancy (as in this case..) can make the notice period different from normal, so 1 month... see..
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#4

If in doubt 'phone Shelter Scotland 0808 800 4444 and ask them, nice intelligent expert people...

Cheers!

Artful (Scottish LL..)

rpc

The title says "period of notice to tennant (sic)", so the 1 month is not relevant in my view.

If Section 33, minimum notice is at least two months, and must end on the ish. NTQ only has to be 40 days, but would normally be two months served at the same time as the S33.

If one of the other grounds is being use, it depends on the ground. It would probably be either two months or two weeks.

jgh

Why is there this obsession with spelling "tenant" with three 'n's ?

agrinnall

jgh wrote: »

Why is there this obsession with spelling "tenant" with three 'n's ?

Makes more sense in Scotland where it's a cross between tenant and Tennent's

http://www.tennents.com/

colshandy

theartfullodger wrote: »

What were the original dates?? dd/mm/2009 to ??/??/????

I think you can just give 1 months notice. Make sure you do so in writing, keep copy, and send by email also if you can. Give 3-4 days for time-for-service - so (say.. if posting now, 27th Nov), I'd have notice say you will be leaving 31/12/2012....(or later as suits you..).

In Scotland what is specified in the tenancy (as in this case..) can make the notice period different from normal, so 1 month... see..
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#4

If in doubt 'phone Shelter Scotland 0808 800 4444 and ask them, nice intelligent expert people...

Cheers!

Artful (Scottish LL..)

Original (and only contract) said tenancy expires 1 Feb 2010...to be reviewied thereafter and agreed by LL and T.

Rent was reviewied, agreed and altered Dec 2011 although no new contract was signed.

colshandy

agrinnall wrote: »

Makes more sense in Scotland where it's a cross between tenant and Tennent's

http://www.tennents.com/

Haha, here here.

colshandy

theartfullodger wrote: »

What were the original dates?? dd/mm/2009 to ??/??/????

I think you can just give 1 months notice. Make sure you do so in writing, keep copy, and send by email also if you can. Give 3-4 days for time-for-service - so (say.. if posting now, 27th Nov), I'd have notice say you will be leaving 31/12/2012....(or later as suits you..).

In Scotland what is specified in the tenancy (as in this case..) can make the notice period different from normal, so 1 month... see..
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#4

If in doubt 'phone Shelter Scotland 0808 800 4444 and ask them, nice intelligent expert people...

Cheers!

Artful (Scottish LL..)

By the way, was the advice to ring Shelter Scotland genuine...?

theartfullodger

OK, so I assume you are landlord...

My previous suggestion of 'phoning Shelter was based on the assumption you were tenant.

Couple of questions:
a) Can you PROVE you served AT5 on tenant (eg by his signature, date & time..) before he signed tenancy agreement [if not it ain't SaT but AT, much harder to evict..]
b) Did you serve (& can you PROVE you served) " PRIOR NOTIFICATION OF GROUNDS RELATING TO RECOVERY OF POSSESSION (HOUSING (SCOTLAND) ACT 1988)
" Grounds 1-5, before tenancy was signed...


and also, less important...
1. Have you had any training in being a landlord in Scotland??
2. Are you registered??
3. Are you a SaL member??

Cheers!

rpc

colshandy wrote: »

Original (and only contract) said tenancy expires 1 Feb 2010...to be reviewied thereafter and agreed by LL and T.

Rent was reviewied, agreed and altered Dec 2011 although no new contract was signed.

Any mention of tacit relocation?