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please help me understand the notice period for ending tenancy
gazebo
Posts: 465 Forumite
I will summarise all the relevant information to make this easier.
Property is in Scotland
Joint tenancy in place between two people who are unrelated and both have room each in the two bedroom property
Lease signed 1st March 2013 for period of twelve months and under terms of this, is now on a monthly rolling contract.
No deposit was taken at the start of the lease
Tenant one (T1) is the child of the property owners (landlords)
The background behind my questions are as follows.
The parents of tenant one (T1) decided to invest money into a property and they privately rent this out to their child (T1) and tenant two(T2).
Long story short, T1 has asked T2 to move out because they wish to live with their partner in the property.
Prior to this happening, T1 and partner discussed this fully with the landlords as T1 and partner would have to sign a new lease and would need the agreement of the landlords prior to suggesting the eviction of T2. It was expressed by the landlords that an informal, friendly approach was taken to remove T2 from the property.
As directed, T2 was asked one month ago by T1 to look for a new place and, as could be predicted, they appear in no hurry to do so.
Now, my question really is around the formal and legal notice period which would have to be served by the landlords, should T2 continue to be uncooperative.
What notice period would they have to serve?
what document(s) would they provide?
Are there any additional implications given the lack of deposit?
It is my understanding that any notice served would have to be issued to both of the current tenants, irrespective of family link.
Thank you in advance and apologies for the length and complexity of this post
Property is in Scotland
Joint tenancy in place between two people who are unrelated and both have room each in the two bedroom property
Lease signed 1st March 2013 for period of twelve months and under terms of this, is now on a monthly rolling contract.
No deposit was taken at the start of the lease
Tenant one (T1) is the child of the property owners (landlords)
The background behind my questions are as follows.
The parents of tenant one (T1) decided to invest money into a property and they privately rent this out to their child (T1) and tenant two(T2).
Long story short, T1 has asked T2 to move out because they wish to live with their partner in the property.
Prior to this happening, T1 and partner discussed this fully with the landlords as T1 and partner would have to sign a new lease and would need the agreement of the landlords prior to suggesting the eviction of T2. It was expressed by the landlords that an informal, friendly approach was taken to remove T2 from the property.
As directed, T2 was asked one month ago by T1 to look for a new place and, as could be predicted, they appear in no hurry to do so.
Now, my question really is around the formal and legal notice period which would have to be served by the landlords, should T2 continue to be uncooperative.
What notice period would they have to serve?
what document(s) would they provide?
Are there any additional implications given the lack of deposit?
It is my understanding that any notice served would have to be issued to both of the current tenants, irrespective of family link.
Thank you in advance and apologies for the length and complexity of this post
0
Comments
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it is unclear if you are asking as the LL or as T2
I will also assume that you have a valid SAT ie an AT5 was issued at the start of the tenancy and so you are not an assured tenant
speak to Shelter Scotland http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants
the process and timing for Scottish SAT tenants is very different to the English system and unless a Notice to Quit has alreay been served at the end of the 12 month fixed period it would appear that the reasons given for wanting to evict T2 are not covered by any of the grounds under the AT6 process and therefore T2 cannot be evicted unless there is a claim for having outstayed the NTQ
the notice period for an NTQ during a monthly tenancy is 28 days minimum . BUT it is obligatory to also serve a S33 notice which requires 2 months notice - see here (note the S33 may have been served already at the start of the tenancy, although given the tenancy has been allowed to roll over to a monthly one as per the terms of the agreement I doubt that a S33 has already been served)
https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland/ending-a-tenancy
if T2 refuses to leave at the expiry of the NTQ then the LL must issue an AT6 and would cite ground 10 (ie. overstay) which requires a further 2 weeks notice but is not a mandatory ground so it is down to the sheriff court to decide
of course if T2 resists going then given the relationship between T1 and the LL, the living conditions in the property will soon be poisonous and T2 would probably be better to leave anyway0 -
apologies for being unclear as to which perspective I am asking from.
I am neither the LL or T2 and I think I am asking from both sides as I wish to ensure both parties operate on the right side of the various laws (to clarify, not that it is entirely relevant, I am the partner of T1).
An AT5 was issued at the start of the initial lease (which was based on the lease held by T1 and T2 on a previous flat rented via a lettings agency), however as previously mentioned, there has been no further involvement at this point by the LL, thus no Notice to Quit.
As you mention, whilst it would be sensible for T2 to leave, what would happen in the event that they do not do so?
I will have a look at the shelter website for further guidance as suggested.
Thank you for your help0 -
Quick bump just in case anyone else can also assist0
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Just a quick update on all of this - the flatmate vacated the building earlier on today.
It's funny how quickly someone can move when they realise they don't really have an alternative.
Thank you to everyone for your help0 -
That's not quite right. T2 had a few options as neither T1 or T2 had served notice to the LL to terminate the joint tenancy and the LL hadn't served notice to end the tenancy so T2 didn't have to leave at all.
Congratulations for ousting someone from their home. I hope you and T1 will be very happy together.0 -
T2 found a new place to move into and set themselves a three week moving date. Yes, no notice was served by either side which means T2 had options, but T2 decided of their own free will (once they realised they were going to have to move eventually anyway) to move out.
This was obviously quicker than anticipated or expected by T1, but both they and the landlord are ok with this as rent is still being paid.
The word outsted would suggest we kicked them out - not the case, we asked them to leave, they found a new home and they left.
The thread was posted initially when T2 appeared to be unwilling to accept the request to move from T1. At that point it was a good idea to establish the correct course of action should they remain unwilling. I was updating really to say that T2 had seen sense and left before things became poisonous.0 -
Free will once he/she realised they were no longer welcome in their own home. Unless the tenancy agreement explicitly said that after the initial 12 month period that the tenancy would go month to month then at the end of the first 12 months a new 12 month tenancy would automatically start.
I'm glad T2 managed to arrange somewhere else to live.0 -
It did specify month to month after the initial lease ended.
We will enjoy our home, as will T2 in their new place.
A sensible outcome was reached by all those concerned.
Thank you for asking and I hope this clarifies that T2 was not hurt in the process of the move.0 -
No tenants were hurt during the making of this eviction :rotfl:*Assuming you're in England or Wales.0
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