Rental notice period - Scotland

CraigFTW

Hi folks!

I've recently rented and moved into a new larger flat than the one I had been living in previously for three years. The last tenancy was originally a 12 month lease and I was told by the letting agency that once the initial 12 months was up, the lease would then be month to month until either party gave notice.

Problem is, the initial contract that I signed for the 12 month lease stated that I had to give two months notice on the flat, however I'm absolutely positive that they said that once the initial 12 moths were over then it would only be one full months notice.

I'm now in the situation where I've moved out of the flat but have had to pay another months rent on a flat that I don't live in... ouch!

Does anyone know if they are correct in enforcing two months notice? I'm aware that the law might be a bit different in Scotland from the rest of the UK.

Thanks!

BitterAndTwisted

This is what Shelter Scotland has to say on the matter:

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy

rpc

CraigFTW wrote: »

Problem is, the initial contract that I signed for the 12 month lease stated that I had to give two months notice on the flat,

Seems pretty clear cut to me.

In Scots law, notice is whatever the contract says it is so unless that term clearly only applied to the fixed term, then two months it is. Post the wording if you want a proper opinion.