Advice on ending tenancy - Scotland

phenoplastic

Can anyone advise me on this? I’ve been in my property for 6 years, in Scotland.

Property was recently sold to new landlord, landlord got in touch and issued contract which we then signed on 11 April. First rental payment was the next day, the 12th, as it had been for the previous 5+ years. Date of signing contract is 11 April, but contract details a six-month tenancy beginning on 1 April and expiring on 30 September, so this is (unusually) not aligned at all with the rental period. So my 6th rental month would be 12th September to 11 October.

I intend to move out in last week of September, and pay a full months rent on 12 September. The Tenancy agreement specifies two calendar months notice to move out. I sent a recorded delivery letter on the 28th July, though now I’m concerned as the letter has not been delivered and I’m technically under the two-months until the tenancy agreement ends - although the tenancy agreement, I think, SHOULD really end on 11 October.

As well as (so far) not receiving my letter, the landlord has not acknowledged receipt of the email notification, also sent on 28 July. He’s not been replying to my previous emails about forwarding his correspondence, so I’m concerned he may be flaky / dodgy and say that my notice wasn’t received will then claim the tenancy will continue beyond the period detailed.

From what I’ve been reading, he would be out of order to do this, as tenants are within their rights, in a fixed-period agreement, to move out on the last day and doing so terminates the tenancy - and that notice to the landlord is not legally necessary in such cases, and merely an issue of courtesy. However, I don’t know if this applies also in Scotland.

Crashy_Time

phenoplastic wrote: »

Can anyone advise me on this? I’ve been in my property for 6 years, in Scotland.

Property was recently sold to new landlord, landlord got in touch and issued contract which we then signed on 11 April. First rental payment was the next day, the 12th, as it had been for the previous 5+ years. Date of signing contract is 11 April, but contract details a six-month tenancy beginning on 1 April and expiring on 30 September, so this is (unusually) not aligned at all with the rental period. So my 6th rental month would be 12th September to 11 October.

I intend to move out in last week of September, and pay a full months rent on 12 September. The Tenancy agreement specifies two calendar months notice to move out. I sent a recorded delivery letter on the 28th July, though now I’m concerned as the letter has not been delivered and I’m technically under the two-months until the tenancy agreement ends - although the tenancy agreement, I think, SHOULD really end on 11 October.

As well as (so far) not receiving my letter, the landlord has not acknowledged receipt of the email notification, also sent on 28 July. He’s not been replying to my previous emails about forwarding his correspondence, so I’m concerned he may be flaky / dodgy and say that my notice wasn’t received will then claim the tenancy will continue beyond the period detailed.

From what I’ve been reading, he would be out of order to do this, as tenants are within their rights, in a fixed-period agreement, to move out on the last day and doing so terminates the tenancy - and that notice to the landlord is not legally necessary in such cases, and merely an issue of courtesy. However, I don’t know if this applies also in Scotland.

You have signed a new contract though and this is the one you will be following as far as he is concerned? If you don`t need any references from him or whatever just grab your stuff and go whenever you like, leave him with the deposit for last months rent if he won`t respond to e-mails etc.

phenoplastic

oh well, thanks, good to know but too late

theartfullodger

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy

phenoplastic

Shelter Scotland says 40 days minimum, but tenancy agreement specifies two months.OK.

But what about the dates on the agreement? As I said the tenancy agreement was produced and dated 11 April and signed that same day, with first rent payment to LL on the following day. But it states the six month agreement ends on 30 September, which is completely out of line with the rental periods.

What if I say I'm vacating on 11 October as that's the end of my sixth month?