Rental notice period

wildheart83

Hi all,

I am due to complete on a new build property soon so will be giving notice on my rental property in the next week or so. I'm in Scotland.

I've looked at my tenance agreement and I originally signed in March 2015 for 6 months, it's never been renewed and has rolled on month to month since then.

The TA states:

"If the ageement is not brought to end by either party on 12th September 2015, it will continue to run from month to month thereafter until terminated by prior written notice in accordance with the provisions of this lease given by either party to the other."

What I'm unsure of is this "The minimum notice to be given by a Landlord shall be in accordance with statutory provisions in force from time to time. The minimum notice to be given by the Tenant shall be two months."



Does the 2 month notice period still apply on a rolling contract? And does that mean I have to give 2 months notice by the 12th of the month, or is it just 2 months from whatever date I give notice?

00ec25

so your tenancy agreement foresaw that at the end of its fixed period it would continue as a Contractual Periodic Tenancy and has clearly set out the rule regarding how the said CPT can be ended: 2 months notice means 2 months notice.

You will note it does not require it to be aligned with the tenancy period otherwise it would have said so.

you signed the contract, you are therefore bound by what it says - as is your LL.

Comms69

It’s not clear but appears to be just two months; Scotland is Pixie’s territory and she will be along no doubt to corroborate.

G_M

artful........?

wildheart83

00ec25 wrote: »

so your tenancy agreement foresaw that at the end of its fixed period it would continue as a Contractual Periodic Tenancy and has clearly set out the rule regarding how the said CPT can be ended: 2 months notice means 2 months notice.

You will note it does not require it to be aligned with the tenancy period otherwise it would have said so.

you signed the contract, you are therefore bound by what it says - as is your LL.

Thanks, I'm well aware that 2 months notice means 2 months notice but is it 2 months from the date that the lease started or 2 months from the date I give notice?

I'm not sure what your point is about me having signed the contract. I know what I signed.

G_M

wildheart83 wrote: »

.....
What I'm unsure of is this "The minimum notice to be given by a Landlord shall be in accordance with statutory provisions in force from time to time. The minimum notice to be given by the Tenant shall be two months."

What part of that is causing the difficulty. A month is either 28, 29, 30 or 31 days long. Check which month you are serving notice and determine the length of that month, and the next - that will give you the number of days notice required.

wildheart83

G_M wrote: »

What part of that is causing the difficulty. A month is either 28, 29, 30 or 31 days long. Check which month you are serving notice and determine the length of that month, and the next - that will give you the number of days notice required.

As I've previously said, am I required to give notice on the 12th of the month or just give 2 months notice?

G_M

wildheart83 wrote: »

As I've previously said, am I required to give notice on the 12th of the month or just give 2 months notice?

Does the contract say "required to give notice on the 12th of the month"?
or "give 2 months notice"?