Tenant wants to end tenancy early

bowlingtrophies

Hi there, wondering if someone can advise me (Scotland)

One of my two tenants wants to end her tenancy early. It was signed on the 1st of July last year and was to continue on a rolling yearly basis.

"The term of the tenancy is a periodic tenancy commencing at 12:00 noon on 1 July 2018 and
continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy (the
"Term")."

She wants to move out at the end of May this year, and has just given me notice of her wish to do so. However, this leaves me a little bit in the lurch for the month of June, as it will be difficult to find a new tenant.

My question is, is she responsible for paying rent up until the end of the year? In other words, does she need to pay rent for June?

Thanks

G_M

One of my two tenants wants.....

Do you mean
a) you have two unrelated tenancies, this relates to one of them and the other is unrelated/irrelevant, or
b) you have one tenancy which is jointly held by 2 tenants, only one of whom wishes to leave?

Big difference! Assuming a) above:

Tenant is requesing an Early Surrender, since she is commited to 12 months.

You can agree to release her if you wish, and can impose whatever conditions you want for this eg
* your marketing costs
* rent up till replacemement tenancy starts
* fixed amount


or whatever. She can then agree your terms, negotiate them further with you,or continue to pay rent till her proper notice expires(after 12 months).


Since this is an annual Contractual Periodic Tenancy, what is the sepcified notice period?

bowlingtrophies

This is two unrelated tenancy agreements.

In the tenancy agreement, which she has signed, this is the exact wording of what constitutes as the term:

Term
8. The term of the tenancy is a periodic tenancy commencing at 12:00 noon on 1 July 2018 and
continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy (the
"Term").
9. Any notice to terminate this tenancy must comply with the applicable legislation of Scotland
(the "Act").

This was meant to convey that they tenancy was to last a year and can be renewed each year if the tenant wishes to. Hopefully that is the way this can be legally interpreted.

Slithery

You may want to put 'Scotland' in the thread title, the laws are different to those in England which is where most of the regular posters here come from

Sibz

She's still in the initial year so would be liable up until the end of that I expect. If she's given notice already that would be sufficient for it to end at that date. Have you changed any of the terms since that could be construed as having broken that agreement?

Do you let it directly or via an agent?

bowlingtrophies

No terms have changed and the room has been let directly

Sibz

bowlingtrophies wrote: »

No terms have changed and the room has been let directly

Initial term should then stand AFAIK. Is her deposit protected?

baldelectrician

If the tenancy started after 1st December 2017 (which it did) it may be a PRT

https://rentingscotland.org/private-residential-tenancies/

More info from PKC site
https://www.pkc.gov.uk/media/40914/Private-Residential-Tenancy-information-for-Landlords/pdf/PRT_-_for_landlords.pdf?m=636463512683770000

In a nutshell- in Scotland it does not matter what terms and conditions you have in the rental agreement it will be a PRT with all the rights of a PRT

I assume you have given the tenant a copy of the electrical certificate, and EPC, a gas certificate and have correct linked smoke detectors

bowlingtrophies

baldelectrician wrote: »

If the tenancy started after 1st December 2017 (which it did) it may be a PRT

In a nutshell- in Scotland it does not matter what terms and conditions you have in the rental agreement it will be a PRT with all the rights of a PRT

I assume you have given the tenant a copy of the electrical certificate, and EPC, a gas certificate and have correct linked smoke detectors

Hi there, thanks for that

I was unaware that the law had changed. So you are telling me that the tenancy agreement that I currently have with the tenant doesn't really carry much weight at all?

Our agreement was that the tenancy was to last for a year and then roll on to another year if requested by both parties. In this case, considering the PRT, would my tenant still be responsible for paying the entire year that we agreed upon? Or can she simply walk away as long as she has given adequate notice?

Ta

baldelectrician

There is NO minimum term with a PRT
They can move in on the 1st of the month, give 28 days notice on the 2nd and move out on the 30th
Your agreement is INVALID

The Scottish Government PRT applies

bowlingtrophies

baldelectrician wrote: »

There is NO minimum term with a PRT
They can move in on the 1st of the month, give 28 days notice on the 2nd and move out on the 30th
Your agreement is INVALID

The Scottish Government PRT applies

That's pretty unfair on landlords don't you think? What a shocking piece of legislation.