notice

slenderkitten

I have been living in a flat for 7 months in Edinburgh, Scotland my short assured tenancy contract expired last month, the landlord did not put my deposit in a deposit scheme, they are talking about giving me notice, i have paid all my rent.

how much notice do they need to give me and what forms must i fill in if any when giving keys back.

just want to know where i stand with this. thanks

G_M

Note: Scotland.

Sorry can't help though I know the LL should be registered (is he?) and the deposit should be registered (is it not?)

However, see Shelter Scotland

slenderkitten

the owner is registered for the property but not the landlord, i dont know if this matters at all, the address the landlord put on the agreement is the same as the owner and not their own - they dont live in the same city again i dont know if this matters at all.

slenderkitten

hi can anyone help with this

sammyjammy

surely the owner and the landlord are the same person......

slenderkitten

no the landlord is the daughter of the owner. she does not live with him. her name is not registered just his.

theartfullodger

So the named landlord on the tenancy agreement is daughter but she is not named on the deeds?? (i.e. it's not that the named landlord is father but daughter deals with everything??)

And daughter is not registered ??

So they are just "talking about" (?they - who they ??) giving notice: Do nothing until they give notice except read tenancy to see what it says about giving notice: e.g. my tenancies state

If this agreement is not brought to an end by either party on the end date it will continue thereafter on a monthly basis until terminated by either party giving no less than two months notice in writing to the other party....

(I'm a wicked landlord). What does yours state??

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

I think in Scotland if deposit not protected notices to quit etc are still valid but you can anyway sue for the up-to 3xdeposit penalty. (!!) See e.g.
http://www.tcyoung.co.uk/blog/2015/private-landlord/tenancy-deposit-scheme-scottish-landlord-loses-further-appeal

Were you served an AT5 notice prior to signing tenancy agreement?? If not it ain't an SaT & the usual notices can't be used.

I do not wish to go into too much detail but how such notice is served & what the expiry date(s) are matter so tell us when you get more info..

Call Shelter Scotland 0808 800 4444 for more info if you need to..

Slàinte mhath!

slenderkitten

Hi, i do have an at5 i signed this at the same time I signed the tenency agreement, they said it was something the council needed, what does this mean?

I don't know about deeds I just know that on the landlords registration website that the father's (owner) name is there and NOT the daughter (landlord). On the agreement both are there but only OWNERS address is there landlord told me they live elsewhere.

as for ending the tenancy :-

Tenancy reaching its end date and the landlord giving two months prior written notice that possession of the house is required in terms of section 33 of the housing scotland act 1988 at that end date.

i looked at the shelter scotland site and found it a bit confusing, I just want to know for sure if they have to give 2 months notice for me to leave??

my name is not spelt correctly on the tenancy agreement.

booksurr

slenderkitten wrote: »

as for ending the tenancy :-

Tenancy reaching its end date and the landlord giving two months prior written notice that possession of the house is required in terms of section 33 of the housing scotland act 1988 at that end date.

i looked at the shelter scotland site and found it a bit confusing, I just want to know for sure if they have to give 2 months notice for me to leave??

what is confusing, the shelter website clearly answers your question about notice periods from the LL
http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants/eviction_at_the_end_of_your_tenancy

slenderkitten

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants/eviction_at_the_end_of_your_tenancy

About the eviction process

If your landlord wants you to leave when your fixed period comes to an end they must:

give you a notice to quit, and
give you at least two months' notice in writing that they want the property back (this is known as a section 33 notice)

What is a notice to quit?

A notice to quit is a written document telling you that your tenancy is going to come to an end. The minimum notice period is normally 40 days.

This is why i am confused is it 40 days or 2 months notice or is it 2 months PLUS 40 days, can anyone clarify, see above website. The landlord said it was one months' notice?

molerat

From the link you provided two different notices are required, a notice to quit with a minimum of 40 days notice and a S33 notice with 2 months notice. 2 months notice is required.

As well as giving you a notice to quit, your landlord must also give you two months' written notice telling you that they want the property back. This is called a section 33 notice. If your landlord wants you to move out on the day your tenancy expires, they will need to give you a section 33 notice at least two months before that date. Landords can combine a notice to quit and a section 33 notice so that it comes as one notice, this is ok as long as it:

as for the landlord

Anyone who owns residential property in Scotland which is let must apply to register with the local authority for the area where the property is located, unless they are covered by one of the exemptions below. It is the owner of the property who must register. In some cases this may not be the "landlord" who has the letting agreement with the occupier.

Is she declared as an agent ?

Owners must declare any agents that they use to manage their property. An agent may be a professional such as a letting agent or solicitor, or a friend or relative who looks after the property, arranges repairs, collects rents and so on.