Short Assured Tenancy Agreement - Query

sgx.saint

Hello.

Quick question.

I am a private tenant, in Scotland, currently on a Short Assured Tenancy.

The agreement started in February 2014 and was originally for six months. We have not resigned any contracts and I persume we are now on a rolling month by month contract.

I note that in the tenancy agreement it states the tenant is to give two months notice.

However, if I am on a rolling month to month contract, then does this still apply?

Surely the notice period at this point would only be a month?

Can anyone clarify this for me.... thanks

G_M

Scotland huh?

I believe if you stay beyond the original fixed term, you enter a new, identical fxed term (ie another 6 months).

But artful will clarify soon......

(Tenants’ rights) Shelter Scotland

Pixie5740

Beat me to it GM.

OP, does your tenancy agreement specifically say that your tenancy will go from month to month after the initial 6 months? If it say nothing about what will happen after the initial 6 months then it'll be subject to tacit relocation. In other words your tenancy will renew for another 6 months.

Don't confuse a SAT with an AST.

Edit: http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

theartfullodger

Does the tenancy state how it continues? (e.g. 2 months at time). If not it rolls on 6 months at a time. Called "tacit relocation".

Quote the EXACT wording of notice clause? As you describe it you need to give 2 months notice.

Maybe landlord will negotiate a better date.

Shelter Scotland website tells you most.

sgx.saint

It is a Short Assured Tenancy as I have the document in front of me.

Exact wording is "and shall continue from month to month in accordance with the terms in the tenancy agreement given by either party to the other".

Prior to this wording it lists the dates of the initial agreement, which have since passed.

theartfullodger

And the notice clause? Sounds like you just give 2 months notice.

sgx.saint

theartfullodger wrote: »

And the notice clause? Sounds like you just give 2 months notice.

Notice period is two months, however I was just checking, as it didn't make sense if I was on a month to month contract, then why would the period of notice be two months, if it is effectively a rolling contract.

theartfullodger

It doesn;t have to make sense to be legal:

Just checked, that's the standard wording in "Scottish Association of Landlords" template SaT. I'd confidently assume they've had that checked by solicitors expert in Scottish LL/T law.

Nothing to stop you negotiating any other date (for all you know landlord may have someone keen to rent... fast...)

Good luck

sgx.saint

Thanks for the replies, on reflection, I am happy with the two month notice period as it now aligns with my plans.

I do have a further question. I am a joint tenant, there are two of us that reside in the property and as such we both signed the tenancy agreement.

I intend to give notice to leave on the 31/12.

The other tenant does not know what they want to do yet (i.e. stay in the property or move out). They are dragging their heels and are not well organised.

The letting agency would prefer that we BOTH gave notice, as this would make things easier. They have said that the other tenant can still remain in the property but would be subject to a new application and tenancy agreement, which is fair enough.

I assume that irrespective of what the other tenant decides or how long he takes, as that is between him and the letting agency, that I can still move out as expected two months from the 31/12 as I have given formal notice?

Also, as we are apparently jointly and severally liable then surely my formal notice to leave would actually apply to both of us?

I'm worried that I will end up getting stung somehow, that if he drags his heels that they won't accept the notice from a single tenant and that if I left, I would still be liable for rent, even though I had provide sufficient notice.

G_M

If this were England, then one joint tenant giving notice is enough to end the tenancy (for both). If either of the tenants stays beyond the notice period, double rent can be charged.

But Scotland......?

(Tenants’ rights) Shelter Scotland

sgx.saint

G_M wrote: »

If this were England, then one joint tenant giving notice is enough to end the tenancy (for both). If either of the tenants stays beyond the notice period, double rent can be charged.

But Scotland......?

(Tenants’ rights) Shelter Scotland

I've had a quick scan of the Shelter site, it says...

"If one tenant wants to end the tenancy, they will need to get the other joint tenants' permission first, because this will end the tenancy for everyone. Your landlord should make sure that everyone has given their permission before agreeing to end the tenancy, although in practice this may not happen."

This seems somewhat contradictory, also, I cannot see how this is possibly fair.

If the other tenant does not agree, then what, I am expected to live in the property forever?