Notice to quite (Scotland)

bitsandpieces

I've been renting a flat in Scotland since 2009. I've now received a Notice to Quit from my landlord; they've offered me a new 12 month lease if I'd like to stay (and said my tenancy is due for renewal). I'll be looking to buy in the near-ish future, but haven't been in any rush - rent is under £400/month here, I like the flat, and prices here have been pretty flat for a good while... I don't want to sign a 12 month lease, though - I'd plan to move this year, and if I find the right place sooner it'll be sooner

Would it make be reasonable for me to ring the landlord (this is a company which bought out my previous landlord earlier in the year) and politely ask what they want to get out of this tenancy renewal, to see if we can agree something that we're both happy with? I'd understand if they want a (reasonable) rent rise - what I'm paying now is v low for the area. If they want more certainty about future income, I'd hope to persuade them that evicting me will lead to more risk for them (they'd have to find a new tenant, who might then not be as reliable as me...whereas if they keep me here they're assured of rent paid on time and me taking care of the flat until I leave). May not work, of course, but seems worth a try.

In terms of the paperwork, I've received a 'notice in terms of section 33(1)(d) of the Housing (Scotland) Act, referring to a Short Assured Tenancy. The date given to quit is the end of September. Does this sound in order? The covering letter to the Notice to Quit says that my lease expires on September 30. I think this is wrong, given that my current lease was began in early Sept 2009 and the fixed period ended on April 1 2010 (the lease states that subsequently the tenancy can be ended by 2 months notice either way). I'm aware that, either way, they'd need to go to court to actually evict me (though I'd very much prefer to avoid this!)

The covering letter to the Notice to Quit also says that, if I want to leave, I need to give them 2 months notice prior to the end of my lease. I presume they can't insist on this, if I do decide to leave by the date in their Notice to Quit?

EDIT: sorry, can't seem to edit the thread title. That typo is annoying me!

[Deleted User]

Hi,

I think you need to contact them and explain the situation, say you're happy with, say 3 month extendable contract, maybe try a 1 month first, see if they bite, as you say better with you a no problem tenant than getting a troublesome tenant.

Good luck.

bitsandpieces

Yeah - thanks. In terms of timing, would it make sense to delay signing anything new till nearer the end of September - so if I do end up buying something I can just leave then?

One more thing - the Notice was sent to me as a signed for delivery, but the postie didn't get my signature. Does that make any difference?

davidmcn

bitsandpieces wrote: »

One more thing - the Notice was sent to me as a signed for delivery, but the postie didn't get my signature. Does that make any difference?

No, it just needs to be sent as signed for:

http://www.legislation.gov.uk/ukpga/1988/43/section/54

54 Notice under Part II.
A notice served under this Part of this Act on a person or notice so given to him may be served or given —
(a)by delivering it to him;
(b)by leaving it at his last known address; or
(c)by sending it by recorded delivery letter to him at that address.

[Deleted User]

Hi,

just curious, did you normally get a letter each time contract was near renewal time, or is this the new landlord's rules?

bitsandpieces

New landlord's rule - I haven't signed any new contract since 2009.

Pixie5740

What does your original tenancy agreement say will happen at the end of the fixed term?

bitsandpieces

Pixie5740 wrote: »

What does your original tenancy agreement say will happen at the end of the fixed term?

It says that the tenancy can then be ended by 2 months notice from landlord or tenant.

Pixie5740

That's the exact wording?

bitsandpieces

Pixie5740 wrote: »

That's the exact wording?

Sorry, exact wording is that, if not terminated at the end of the initial term, "this lease will continue on a month to month basis on the same terms and conditions as contained herein until either the Landlord or the Tenant gives to the other two months written notice to quit".

ProDave

A normal short assured tenancy just keeps running at the end, until the landlord gives 2 months notice, or the tenant 1 months notice.

I suspect giving notice to quit, and then offering a new tenancy is just a way to increase the rent?

I suspect you might be able to object to what the LL is doing. There are now a defined set of reasons where it is valid for a landlord to terminate a tenancy, I know two such valid reasons are he wants the property back for his own use, or he wants to sell it. I don't believe just wanting to start a new 12 month contract is a valid reason to end a tenancy.

You need further advice from someone that know the law more accurately than me, but I suspect the LL is acting unlawfully.