notice

slenderkitten

molerat wrote: »

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 for the landlord
Is she declared as an agent ?

no its just the landlord i deal with, so are you saying its just 2 months notice they need to give me? and not 2 months plus 40 days this is what i am confused about?

molerat

They must give you a minimum of two months but the notice to quit must be given with at least 40 days notice. They can be issued together or separately and will expire at the latest applicable date. A S33 could be issued at the start of the tenancy so the notice to quit would be the applicable backstop date to leave. 2 months is the normal notice unless they foul up and forget to issue the notice to quit.

slenderkitten

molerat wrote: »

They must give you a minimum of two months but the notice to quit must be given with at least 40 days notice. They can be issued together or separately and will expire at the latest applicable date. A S33 could be issued at the start of the tenancy so the notice to quit would be the applicable backstop date to leave. 2 months is the normal notice unless they foul up and forget to issue the notice to quit.

lol i am just guessing to ignore the 40 days notice and not add this on, just that they must give 2 months written notice and that i have 2 months to find something else.

Does the fact that they did not register my deposit affect their ability to give me notice?

molerat

slenderkitten wrote: »

Does the fact that they did not register my deposit affect their ability to give me notice?

Not in Scotland.
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/tenancy_deposit_schemes
You can of course ask the court to apply sanctions on the LL.

theartfullodger

Please, who is named as landlord on your tenancy agreement?? That is the landlord.

Getting notices correct for dates is tricky, and Shelter's advice is correct but, as I said earlier

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..

Suffice to say they have to give you AT LEAST 2 months notice, and then even if notices are valid (many are not) the landlord must apply to sheriff court so several months more.

Wait & see if & what notices are served then let us know...

organic_choc

I agree with the information on the various websites for being rather confusing. I am going to serve a notice to my tenant but after reading the materials online, I have decided I can't save the money on this, I just have to get a lawyer to do it. e.g. I read and read and I have no idea if I need to serve a Section 33 notice with the NTQ (my situation is just like the OP's, original short assured tenancy has expired and it's continued on a month-to-month basis).

Above you are talking about 2 months' notice. But the OP has already said that the original tenancy agreement has expired. Therefore it is being continued on a month-to-month basis. From the gov.uk website I found that:

Other tenancy types

For other tenancy types you must give at least:

• 28 days if the tenancy is for up to 1 month
• 31 days if the tenancy is for up to 3 months
• 40 days if the tenancy is for more than 3 months

So really the OP's landlord only need to give 28 days notice.

[Deleted User]

The OP probably needs to get advice from Shelter (Scotland) to be sure. I think good points have been made but it sounds rather confusing still.

slenderkitten

hi they have given me notice to quit, very basic letter says i have one month to leave, i've been told its 2 months, they still think its less. i've been told it is supposed to include some statements which it does not.

they did not give me a reason why not that i am bothered, but they wont be getting paid this month as i will need it to pay for another place.

they didn't give me a section 33 do they neeed to serve this at the same time as the notice to quit or can they give this at a later date?

slenderkitten

organic_choc wrote: »

I agree with the information on the various websites for being rather confusing. I am going to serve a notice to my tenant but after reading the materials online, I have decided I can't save the money on this, I just have to get a lawyer to do it. e.g. I read and read and I have no idea if I need to serve a Section 33 notice with the NTQ (my situation is just like the OP's, original short assured tenancy has expired and it's continued on a month-to-month basis).

Above you are talking about 2 months' notice. But the OP has already said that the original tenancy agreement has expired. Therefore it is being continued on a month-to-month basis. From the gov.uk website I found that:

Other tenancy types

For other tenancy types you must give at least:

• 28 days if the tenancy is for up to 1 month
• 31 days if the tenancy is for up to 3 months
• 40 days if the tenancy is for more than 3 months

So really the OP's landlord only need to give 28 days notice.

I spoke to citizens advice over the phone they said that because either side has not given any notice after the original one had ended that a new tenancy agreement automatically renews.

i'm going to citizens advice tomorrow to find out my exact position and take all my documentation.

G_M

I'm a Scottish virgin, and what's more have not read the various links, but from the posts on this thread I understand that the LL has to do TWO things

1) serve a notice to quit (with at least 40 days) AND
2) serve a section 33 notice (two months)
but that these can run concurrently so that provided both are served together , the LL has to wait 2 months (being the longer of the two periods.

However when the initial 6 month tenancy expired, since neither side served notice at that time, a new 6 month tenancy automatically arose, so no notice would be valid until this new 6 month tenancy ends.

I think.