Notice to quite (Scotland)

bitsandpieces

ProDave wrote: »

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.

Thanks. Just to confirm, this is the case with tenancies in Scotland?

ProDave

bitsandpieces wrote: »

Thanks. Just to confirm, this is the case with tenancies in Scotland?

Yes that is correct.

I am a "reluctant landlord" as we could not sell our old house so are now renting it. This came up in conversation with the letting agent. The rules changed in April this year and a SA tenancy is now more secure as the landlord has to have a good reason to terminate the tenancy. I am expecting to rent our house for 2 years, then try again to sell it so will be able to end the tenancy under that clause.

What you need to check is whether that change in the law only applies to new tenancies from April, or existing ones, and if so the exact valid reasons for ending a tenancy.

Perhaps pretend to be a landlord and go and speak to a different letting agent to talk through what is and is not a valid reason for a landlord to terminate a tenancy?

davidmcn

ProDave wrote: »

Yes that is correct.

I am a "reluctant landlord" as we could not sell our old house so are now renting it. This came up in conversation with the letting agent. The rules changed in April this year and a SA tenancy is now more secure as the landlord has to have a good reason to terminate the tenancy. I am expecting to rent our house for 2 years, then try again to sell it so will be able to end the tenancy under that clause.

What you need to check is whether that change in the law only applies to new tenancies from April, or existing ones, and if so the exact valid reasons for ending a tenancy.

Perhaps pretend to be a landlord and go and speak to a different letting agent to talk through what is and is not a valid reason for a landlord to terminate a tenancy?

The relevant change in the law isn't in force yet - I don't think there's been a date announced.

Pixie5740

ProDave wrote: »

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.

Not quite. A Short Assured Tenancy agreement will say how long you will rent the property for, for example, six months or a year. At the end of that time, the tenancy will automatically renew itself unless:

* The tenant gives the landlord written notice that they want to leave at the end of the tenancy or
* The landlord gives written notice that they want the tenant to leave the property.

If neither the tenant or landlord has given notice, the tenancy will renew itself. This will be for the same length of time (tacit relocation), unless the tenancy agreement says that it will be for a different period (as the OP's tenancy agreement says).

The Private Housing (Tenancies) (Scotland) Act 2016 will see the introduction of a new type of tenancy called a private residential tenancy which will apply to any new tenancy created from December 2017. The OP's tenancy already exists and will therefore remain a Short Assured Tenancy.

https://beta.gov.scot/publications/private-residential-tenancies-tenants-guide/

You've either misunderstood the letting agent or the letting agent isn't particularly on the ball.

Edit: I don't know what you're basing your suspicions of the landlord acting unlawfully on.

Pixie5740

bitsandpieces wrote: »

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".

Just talk to the landlord and explain your plans to buy somewhere. If he's not interested in letting you continue as you are then providing he's got the paperwork right he will get you out sooner or later so you've got nothing to lose. From his point of view it would seem daft to go to all that effort to get rid of a paying tenant.

bitsandpieces

Thanks all. That proved much easier than expected! The company I rent from is happy for me to continue to rent from them without signing anything else, and will send me a letter to confirm this. It's nice when landlords are reasonable

Once I have a letter from them, I guess I don't need to worry about the notice to quit?