Renting in Scotland - couple of questions

agrinnall

I have been advised that the missives for my house sale are being signed today so I can properly start the hunt for a rental property while I think about where I want to end up.

Although I rented several flats in Scotland between 1992 and 1997 it was done with little knowledge of tenancy rights (luckily without any major issues).

However, due to websites such as MSE and Shelter Scotland it's now easier to check things out before taking the plunge, so I've done a bit of reading this morning and that's led me to ask a couple of questions of those with Scottish knowledge such as theartfullodger (others are welcome to chip in).

I've come across the term 'tacit relocation', which is new to me. It would appear that rather than going onto a rolling one month tenancy at the end of a fixed period (as in E&W) a new fixed term of the same length as the old one is automatically created. Is this correct? And if so, does that mean that unless there is a break clause in the tenancy agreement it is only possible to leave a tenancy at the end of each successive fixed period? I've also read that notice always has to be given (28 or 40 days depending on the length of the tenancy), you can't just leave at the end of a fixed period, is that right?

Shelter Scotland Tacit Relocation

Thread from 2011

agrinnall

I've got viewings of rental properties on Thursday and Friday so if anyone does have any thoughts that would be good.

agrinnall

For anyone else who might be interested in this, I have just spoken to Shelter who have told me that yes, if tacit relocation is in place then it is only possible to leave at the end of a tenancy period. However, if the tenancy agreement specifies that something different happens at the end of the first fixed period, such as the tenancy moving to a rolling one month period, then that overrides tacit relocation and makes the tenancy agreement more like it would be in E&W.

So, if you're starting a new SAT check the agreement, and if it doesn't say what happens at the end and you don't want another fixed period, then get it amended.

rpc

agrinnall wrote: »

However, if the tenancy agreement specifies that something different happens at the end of the first fixed period, such as the tenancy moving to a rolling one month period, then that overrides tacit relocation and makes the tenancy agreement more like it would be in E&W.

In E&W, most contracts roll-over based on statute. In Scotland, the contract rules so you don't have the same common periodic tenancy.

I tough tacit relocation had to be specifically mentioned, but I don't think it is that common. I've never run into it - there's always been a periodic tenancy specified in the contracts I've seen.

Tacit relocation is a much neater solution to repeated fixed terms than the English way of paying an agent a few hundred to change the date on a contract though!

Pixie5740

I vaguely remember Shelter Scotland telling me about tacit relocation when I contacted them last November to get advice with dealing with my bampot of a landlord. Her lease was nonsense, I'm not sure where she got it from but it didn't specify what would happen at the end of the fixed term so it would have just created another 6 month tenany. The lease also had clauses that contradict tenancy law but that's another story.

Looking back I wish I had held my nerve and just let another 6 month tenancy start. I could have been a real thorn in her side but in the end decided revenge wasn't worth the hassle.

agrinnall

Thanks for both comments.

rpc - Shelter advised that if the TA does not say what happens at the end of the fixed period then tacit relocation automatically applies. I agree it's neater, but as no charges can be made for a TA in Scotland there would be no cost even if a new one did have to be set up.