Short Assured Tenancy (Scotland) - notice period

joolsybools

I am currently renting a property in Scotland on a short assured tenancy. The minimum term was 6 months which is now up so the tenancy continues 'on a monthly basis until ended by either party'.

My question is, when can I give notice and does it have to (legally) be in line with the monthly rent date or not?

The reason I ask this is that I recently discovered that, in England, this type of term is often in rental agreements but is not legally enforceable (or something!)

The relevant parts of my T&Cs are:

Commencement and duration:
The lease is a 6 month short assured tenancy starting from 22 August 2012 ("the start date") 23 February 2013 [sic] ("the end date"). If the agreement is not brought to an end by either party on the end date, it will continue thereafter on a monthly basis until ended by either party.

and

.... Should the Tenant wish to end the lease one months notice must be given in writing in line with the tenancy anniversary dates. Without this notice the tenancy will continue to run on a month to month basis.

I've done a bit of digging around on Shelter Scotland and a few other websites but can't find the answer to this.

TIA.

rpc

Notice must end on the ish date, which is the last day of a tenancy period.

So if your tenancy ran 20th-19th of a month and you gave notice now, the tenancy would end on 19th June.

It is broadly the same as England, although the detail and terminology can differ. For the LL to evict on a no-fault basis, they would issue a Section 33 and a NTQ giving two months notice (again aligned with the ish).

theartfullodger

Notice (from tenant) does not have to end on ish date.

Think the terms regarding notice are unclear and confusing, and in such circumstances should be interpreted in favour of the weaker party, the tenant.

Question is if you give what you consider valid notice but landlord don't agree will he take legal action for rent he thinks is owed? Only time will tell, and only if he does will Sherrif decide who us right.

joolsybools

Thanks both. What does ISH date mean?

rpc

I think artful and I may differ on this. As he says, if you cut it fine then you may have to argue it.

Notice is a minimum of 28 days if you are in a monthly periodic tenancy after the fixed term. This can be varied by the contract, it is not fixed by statute as in England.

The question is then what notice period is dictated by the contract? I think this sentence covers it, although it could be taken to refer to the fixed term only:

Should the Tenant wish to end the lease one months notice must be given in writing in line with the tenancy anniversary dates

You have two options as I see it.

1 - Give 28 days notice any time based on the statute
2 - Give notice in line with the above sentence (one month, aligned to ish date)

If the LL disagrees, he can claim for rent. If a sheriff finds that the requirement is ambiguous, you should win.

The ish is the last day of a tenancy period. Unfortunately, you have a muppet for a LL who thinks that 6 months runs 22nd August to 23rd February. It should probably end on 21st February (which would be your ish if the LL had got the contract correct).

joolsybools

rpc wrote: »

I think artful and I may differ on this. As he says, if you cut it fine then you may have to argue it.

Notice is a minimum of 28 days if you are in a monthly periodic tenancy after the fixed term. This can be varied by the contract, it is not fixed by statute as in England.

The question is then what notice period is dictated by the contract? I think this sentence covers it, although it could be taken to refer to the fixed term only:


You have two options as I see it.

1 - Give 28 days notice any time based on the statute
2 - Give notice in line with the above sentence (one month, aligned to ish date)

If the LL disagrees, he can claim for rent. If a sheriff finds that the requirement is ambiguous, you should win.

The ish is the last day of a tenancy period. Unfortunately, you have a muppet for a LL who thinks that 6 months runs 22nd August to 23rd February. It should probably end on 21st February (which would be your ish if the LL had got the contract correct).

Thanks for your views. I think it's probably easier to just give it in line with ish date then (21st as you say rather than 23rd, not sure what the agents were thinking when they put 23rd Feb!).