Complicated ending of our tenancy...

tbs624

jamie11 wrote: »

So he does!

I wonder if the landlord/agent has used an English AST form, the tenancy would still be under Scottish rules though.

A SAT agreement allows for a clause such as OP describes - "tacit relocation" not always applicable but it is something that both LL and T can get caught out by.

There is still time to comply with the 28 day notice period if the tenancy started after 9th June 2012.

OP referred to giving a month's notice, as per the tenancy agreement?

If nothing about notice period is mentioned in the tenancy agreement then AFAIAA it's a min of 40 days notice if wanting to leave at the end of the FT or a min of 28 days once tenancy is on a month to month basis.

Perhaps Artful will join the thread, as his properties are in Scotland.:)

tbs624

dimbo61 wrote: »

So it is polite to give notice 2 months before you leave BUT you do not have to do this!

dimbo61 - please correct this in your earlier post. That is the case in Eng/Wales but it is different in Scotland. A Scottish T who followed your suggestion *could* end up with a further 6 or 12 month fixed term tenancy.

clark24

I've copied these bits from our lease -

THE TERM Twelvemonths from and including the Commencement Date and thereafter on a two monthly basis

The Property is let on a Short Assured Tenancy as defined in Section 32 of the Housing (Scotland) Act 1988 so the Landlord is entitled to resume possession in accordance with Section 33 of that Act and the Tenant acknowledges that prior to the signing of this Agreement he received a notice to that affect in the required form.




So I was wrong about the month thing as re-reading the lease it is 2 months but anyway is this all proper and correct?

dimbo61

I have edited my post thanks tbs624
Hi clark24 you would be better speaking to shelter scotland and make an appointment so you get it right when you give notice.
You can also check the deposit question and they may well have template letters for you to write to the LL.
Good luck in finding a normal LL

clark24

I spoke again to all 3 deposit schemes and after much searching none of them have any record of the deposit being secured anywhere, one very nice lady did explain that I would probably need to get a 'summary cause action' started if the LL doesn't return the money when they should (within 10 days, minus any mutually agreed deductions). So I now feel more happy about how to proceed, and that the LL was (yet again) not behaving properly and legally.

We will now speak to Shelter regarding any other issues that may crop up (harassment, refusal to give fair reference etc)

I love you guys, I was in a right stress over this and you've all helped me feel much calmer and stronger :T