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Quick Query - Ending Tenancy (Scotland)
hedgewitchery
Posts: 86 Forumite
Hi,
Apologies for asking what may be an obvious question: I've had a read about on the boards for background but would just would like some specific advice, if at all possible.
The situation is that I'm in Scotland, on a short assured tenancy; the lease started 12 June 2017 initially for 6 months and is now on a rolling basis. I'm now relocating to England and would ideally want to my tenancy to end (hand keys back) on 30th December.
What my contract says about notice:
"The lease can be terminated on the 12 December 2017* ("Expiry date") by the landlord giving 2 months written notice or the tenant giving 2 month's written notice prior to the "expiry date". Unless terminated by either party, the lease will continue on a month to month basis until terminated by the tenant giving 1 months notice in writing or the landlord giving notice in accordance with the Rent (Scotland) Act 1984 and Housing (Scotland) Act 1988. It is the responsibility of the tenant/s to ensure that Proof of delivery is obtained when providing notice to terminate this agreement either in the form of a "Read Receipt" if delivered by email or "Recorded Delivery" tracking receipt if sent by mail."
Although the agreement doesn't explicitly say so, from reading bits and pieces on here, I'm assuming my notice period should align with the tenancy period, which happens to be the same as the rent period - so if I want to be able to stay until 30th December, I should give notice to leave on 11th January by 11th December and just hand the keys back early? Is that the simplest and best option? I presume there's no issue with me handing the keys back early if I definitely don't want to get back in after 30th December (I don't want to have to come back up just to hand the keys in)? Or should I ask the letting agent if the landlord would be OK with me leaving on 30th December (mutual surrender?) and, if so, follow that up with a formal letter to confirm?
Also, presumably I can send the letter giving notice any time between now and 11th December - there's no specific time it has to arrive, as long as it's before the start of the notice period?
Thanks in advance!
* Not that it matters now but just out of interest, should this have been 11 December, rather than 12?
Apologies for asking what may be an obvious question: I've had a read about on the boards for background but would just would like some specific advice, if at all possible.
The situation is that I'm in Scotland, on a short assured tenancy; the lease started 12 June 2017 initially for 6 months and is now on a rolling basis. I'm now relocating to England and would ideally want to my tenancy to end (hand keys back) on 30th December.
What my contract says about notice:
"The lease can be terminated on the 12 December 2017* ("Expiry date") by the landlord giving 2 months written notice or the tenant giving 2 month's written notice prior to the "expiry date". Unless terminated by either party, the lease will continue on a month to month basis until terminated by the tenant giving 1 months notice in writing or the landlord giving notice in accordance with the Rent (Scotland) Act 1984 and Housing (Scotland) Act 1988. It is the responsibility of the tenant/s to ensure that Proof of delivery is obtained when providing notice to terminate this agreement either in the form of a "Read Receipt" if delivered by email or "Recorded Delivery" tracking receipt if sent by mail."
Although the agreement doesn't explicitly say so, from reading bits and pieces on here, I'm assuming my notice period should align with the tenancy period, which happens to be the same as the rent period - so if I want to be able to stay until 30th December, I should give notice to leave on 11th January by 11th December and just hand the keys back early? Is that the simplest and best option? I presume there's no issue with me handing the keys back early if I definitely don't want to get back in after 30th December (I don't want to have to come back up just to hand the keys in)? Or should I ask the letting agent if the landlord would be OK with me leaving on 30th December (mutual surrender?) and, if so, follow that up with a formal letter to confirm?
Also, presumably I can send the letter giving notice any time between now and 11th December - there's no specific time it has to arrive, as long as it's before the start of the notice period?
Thanks in advance!
* Not that it matters now but just out of interest, should this have been 11 December, rather than 12?
0
Comments
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Why not just ask your landlord to end on the 30th?0
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Thanks, I probably will do but just wanted to check that there wasn't any downside to doing that. And if he says no, I guess it's back to sending the formal notice by 11th December?
Cheers0 -
Basically yes0
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The problem is it says give 1 months notice not AT LEAST 1 months notice
In theory that means exactly 1 months.
Try negotiation with landlord/agent.0
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