Short Assured Tenancy expires soon (Scotland)

G_M

amibeingrippedoff wrote: »

Theres nothing to say what happens at the end of the term.
in that case, yes.

I read this on the link i was provided on an earlier post so i am now thinking i have automatically got a further 6 months Short Assured.
correct
What if the landlord decides to provide me with another lease after the 31st July when this one ends and offers only a month to month lease,
He can offer. You can accept. Or decline.
can i say that he needs to give me another 6 months as its not in the current lease after it expires it will go onto month to month.
You don't need to say anything. As per your quote:



What happens when my tenancy runs out?

......At the end of that time, your tenancy will automatically renew itself unless:

• you give the landlord written notice that you want to leave at the end of the tenancy (see 'what if I want to leave' below), or
• your landlord gives you written notice that they want you to leave the property.

If neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period.
For example, your tenancy agreement might say 'the property is let for a period of six months and then monthly thereafter'. This would mean that your tenancy agreement would be for six months and that it could renew itself one month at a time after that.

:beer: :T

Pixie5740

G_M wrote: »

:beer: :T

The OP doesn't necessarily have a new Short Assured Tenancy as he/she has not indicated whether or not they have an AT5 form or not. It makes a big difference to the type of tenancy and therefore how it can be ended.

G_M

Pixie5740 wrote: »

The OP doesn't necessarily have a new Short Assured Tenancy as he/she has not indicated whether or not they have an AT5 form or not. It makes a big difference to the type of tenancy and therefore how it can be ended.

I'm getting unwisely out of my comfort zone. Shall shut up now about how the celts do things up north!

Pixie5740

G_M wrote: »

I'm getting unwisely out of my comfort zone. Shall shut up now about how the celts do things up north!

You're still way more clued up on Scottish housing law than the OP's landlord. :beer:

agrinnall

Pixie5740 wrote: »

TThen again AT5 form or not I think you have an Assured Tenancy.

Actually, the Shelter Scotland page on ATs seems to suggest that not having an AT5 is a prerequisite for an AT, there doesn't appear to be any way in which an AT5 has been issued and the tenancy to be an AT.

If the OP is correct that there is nothing in the tenancy agreement about what happens at the end of the tenancy then in terms of a new agreement it makes no difference whether it's an AT or a SAT, as in both case it renews for the same period as the original agreement.

As it seems like both the OP and the LL want the tenancy to continue it probably doesn't matter which one it is; when it will matter is the point at which either the OP wants to leave or the LL wants to regain possession, when the process is indeed different. It may come as something of a surprise to the LL to find that may not be possible for up to 6 months.

Pixie5740

Yes I know that not having an AT5 form is a prerequisite for having an AT. However, what I was wondering is that because the OP and LL signed an AST which is not a valid type of tenancy in Scotland would that not mean the OP has an AT anyway because the terms of an AST are not necessarily the same as the terms of either a SAT or AT.

Given this LL has used an AST and is waffling on about periodic tenancies I'd put money on there being no AT5 form. £10 to Shelter Scotland if I'm wrong.

A tenancy certainly exists because the OP pays rent to live there but I wasn't sure if tacit relocation would necessarily apply to an AST used in Scotland. Although it could be implied there was a fixed term of 6 months so the tenancy will indeed renew for another 6 months and so on.

The OP doesn't really need to ask for another tenancy agreement to feel secure. I'm pretty confident that the OP has an AT which makes them reasonably secure and will give the LL a shock should he ever try to serve notice. Not that the LL has to be told this now.

agrinnall

Pixie5740 wrote: »

Yes I know that not having an AT5 form is a prerequisite for having an AT. However, what I was wondering is that because the OP and LL signed an AST which is not a valid type of tenancy in Scotland would that not mean the OP has an AT anyway because the terms of an AST are not necessarily the same as the terms of either a SAT or AT.

Given this LL has used an AST and is waffling on about periodic tenancies I'd put money on there being no AT5 form. £10 to Shelter Scotland if I'm wrong.

A tenancy certainly exists because the OP pays rent to live there but I wasn't sure if tacit relocation would necessarily apply to an AST used in Scotland. Although it could be implied there was a fixed term of 6 months so the tenancy will indeed renew for another 6 months and so on.

The OP doesn't really need to ask for another tenancy agreement to feel secure. I'm pretty confident that the OP has an AT which makes them reasonably secure and will give the LL a shock should he ever try to serve notice. Not that the LL has to be told this now.

I'd missed the vital bit in post #5 that says the tenancy agreement states it's an AST, so I think you are almost certainly right that whatever has been issued the TA is actually an AT (if that's not too many acronyms in one sentence ).

orangeslimes

I think you should check what your current lease actually says about the end of the tenancy.

The default is that it renews, but the last lease I had specified that at the end of the tenancy it continues on a month by month basis (for the tenant), but the landlord has to give 2 months notice.

Maybe the op has the same agreement? I think it's common in Scotland. The Shelter Scotland advice is only that it renews itself unless the tenancy agreement says differently, so I think it is legal.

amibeingrippedoff_2

orangeslimes wrote: »

I think you should check what your current lease actually says about the end of the tenancy.

The default is that it renews, but the last lease I had specified that at the end of the tenancy it continues on a month by month basis (for the tenant), but the landlord has to give 2 months notice.

Maybe the op has the same agreement? I think it's common in Scotland. The Shelter Scotland advice is only that it renews itself unless the tenancy agreement says differently, so I think it is legal.

I have gone and got all my paperwork and i have been provided with an AT5 form. The lease does say at the heading "Assured Shorthold Tenancy" I expect it should have been "Short Assured Tenancy" It is for 6 months but doesnt say what happens after that time.

I think i will just let things take their course and assume i have the automatic further 6 months as per the information i read on the Shelter Scotland site.

thanks for all the help

agrinnall

orangeslimes wrote: »

I think you should check what your current lease actually says about the end of the tenancy.

From what we've been told the tenancy agreement is not valid so any terms included in it are irrelevent (although the OP has already confirmed that it says nothing about end of tenancy anyway).

Personally I would take the paperwork to a Shelter Scotland office and ask them for their advice on what agreement is actually in force - I think that Pixie has it right and that by default it is an AT, even if neither the OP or the LL are fully aware of that.