Tenancy notice period

Greta_Sharbo

Seeking advice for a friend.

Has a short assured tenancy (Scotland). Asked landlord for a small extension period on rent - landlord refused and told them he wanted them to leave by the end of the month.

1) how much notice does the landlord need to give?
I'm no expert but I understood it to be more than that?
Will it make a difference that by the end of the month (if she can't pay) will then be in arrears (which will be cleared a week later). Does that change any notice period required?

2) does notice have to be in writing?

3) should the tenancy agreement not state how much notice must be given by either party? (It doesn't). Again does being in arrears change that?

Anything else that's important?

Thanks

Pixie5740

Greta_Sharbo wrote: »

Seeking advice for a friend.

Has a short assured tenancy (Scotland). Asked landlord for a small extension period on rent - landlord refused and told them he wanted them to leave by the end of the month.

1) how much notice does the landlord need to give?
I'm no expert but I understood it to be more than that?
Will it make a difference that by the end of the month (if she can't pay) will then be in arrears (which will be cleared a week later). Does that change any notice period required?

2) does notice have to be in writing?

3) should the tenancy agreement not state how much notice must be given by either party? (It doesn't). Again does being in arrears change that?

Anything else that's important?

Thanks

If your friend pays the rent late then she will be in arrears but that doesn't mean the SAT can legally be ended by the landlord verbally asking her to leave by the end of the month.

Firstly, does your friend really have a Short Assured Tenancy i.e. was she served an AT5 notice before signing the tenancy agreement?

Let's assume your friend does have a Short Assured Tenancy rather than an Assured Tenancy. How it can be ended depends on whether the SAT is still within the initial fixed term or not. If the initial fixed term has ended what does the SAT say will happen i.e. does it say it will continue on a month to month basis or is it silent on the matter?

If your friend is still within the fixed term then the tenancy can only be ended early if she has breached the terms of the tenancy. The landlord would need to serve a notice to quit and a notice of proceedings (AT6). See Shelter Scotland's guide to Early eviction before the end of your tenancy. One late rent payment would not result in the tenancy being ended early.

If your friend is outside the fixed term then the landlord can serve her a notice to quit and a Section 33 notice giving your friend at least two months' notice in writing that he wants the property back. See Shelter Scotland's guide to Eviction at the end of your tenancy

In both cases if your friend doesn't leave by the end of the notice period the landlord would have to apply to the Sheriff Court.

Greta_Sharbo

Very useful. Thank you Pixie.

It is an SAT. Original terms appears to 12 months then renewed each twelve months thereafter (November).

Two months notice should give her time to sort herself out.

Many thanks.