Ending a month to month lease in Scotland

ani*fan

Hi everyone

Me and my partner have just bought a flat and want to hand in notice on our rented one. We understood from our initial lease that the notice required was 28 days. This lease ran out in October last year and since then we have been on a month to month arrangement.

We tried to give notice today and were told it had to be 2 months. The leasing agent is Aberdein Considine. This will cost us an extra £700 and we're not best pleased, or sure that this is legal.

I have done some searches online but can't seem to find anything particular to our situation.

Does anyone know what the law is regarding this, and if we just need to suck it up? It's a lot of money to pay for nothing.

Thanks in advance.

G_M

See
http://scotland.shelter.org.uk/

or artful may be along soon to advise.

ani*fan

*bumpity bump*

theartfullodger

Read the tenancy agreement: That will say what happens regarding notice and, unlike in Engerland, whatever it says continues after end of initial term.

Nothing to stop you negotiating direct with Landlord and. with landlord registration in god's own country, you'll have his address. (Especially if you think he'll get more rent next tenancy..)

Dunno where you got 28 days from: See
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#6

ani*fan

The lease doesn't say anything about giving notice at the end. Unfortunately.

We have made it clear to the leasing agent that we don't want to stay that long and can they plese try to find someone to move in before then.

I think that's all we can do for now. I can't seem to get any solid info on what should be happening.

theartfullodger

Really? That's odd and a problem...

My most recent tenancy stated

1.
1.1 THE TERM

The lease will be for the period of 6 months from the xxth mmmm 2016 (“start date”) and will end on yyth nnnnnn 2017 (“end date”). 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 to the other party.

Should the tenant wish to vacate the accommodation at the end of the term, two months notice must be given to the landlord in writing.

But I was flexible & let them go early.

If it really says nothing then you've got that great Scottish expression "Tacit Relocation" in operation...
http://scotland.shelter.org.uk/get_advice/downloads_and_tools/jargonbuster/jargonbuster_terms/t/tacit_relocation
- and if it was a 6-month deal it renews for 6 months at a time, if 12 months then 12 months renewal at a time. If that is the case then £700 may be cheap.

'phone Shelter Scotland for advice, 0808 800 4444, closed I think till tuesday 9:00am

Pixie5740

If your tenancy agreement doesn't say anything about notice where are you getting 28 days from and where is Aberdein Considine getting 2 months from?

ellie27

I know you say you have just bought a flat, but at what point in the purchase are you? Have you just had your offer accepted? Have you signed missives so have an exact date?

I wouldn't hand notice in to give up the rental until I have signed/concluded missives.

Up until that point anything can happen.

Good luck

ani*fan

Many thanks for all your replies everyone. Much appreciated.

I've just found someone to take over the lease, roughly when we need to go. So it's all fine.

I'm very glad to be out of the flat rental system.

theartfullodger

ani*fan wrote: »

Many thanks for all your replies everyone. Much appreciated.

I've just found someone to take over the lease, roughly when we need to go. So it's all fine.

I'm very glad to be out of the flat rental system.

Is that with the agreement of landlord/agent? Usually tenant has no right to pass tenancy on to another party. Even if it is agreed the paperwork might be a nightmare and YOU might remain "the tenant" even though not living there, still responsible for damage, rent payments etc etc...

But, yes, hope it works out!