Ending a Tenancy

5hpr

Hello there, looking for some advice.  I have recently bought my first home and was wondering about the notice I would have to give my landlord.

I live in Scotland and moved in on July 2013.  My landlord gave me an AT5 form as it was a short-assured tenancy for one year and then monthly thereafter.  I know the law changed in 2017 regarding short-assured tenancies, but I haven't signed a new contract.

My contract states this:

The date of entry will be deemed to be 26 July 2013 (or earlier by mutual agreement) notwithstanding the date hereof. The let will run from that date until 25 July 2014 thereafter from month to month until terminated by either party on giving to the other at lease two month's prior written notice to that effect.

If I hand my notice in today, 7th of August, does this mean I pay my rent up until 7th October?  My father (who is actually a landlord) says this is what he would do.  However, I disagree having read some details online.  I believe if I hand my notice in today then that actually means I need to pay two months more rent (e.g. from 26th Aug - 25th Sept and then 26th Sept to 25th of Oct).

Unsure of the correct procedure here, however I have copied verbatim from my contract above.

Thank you for any and all advice.

theartfullodger

Think dad is right, but check on Shelter Scotland website for notices for SaTs.

But also try negotiation with Landlord.  He's had 7 years of presumably good tenant paying in full on time & might welcome earlier end of tenancy by agreement, he might have redevelopment plans and earlier dates might suit him.  You can BOTH agree to eg end tenancy tomorrow 3pm if you both agree.

Leah04x

Assuming you pay your rent monthly in advance on the 7th of every month, you’d pay your rent on 7th Aug and 7th September. Last day of your tenancy would then be 6th October. 

However, I note your tenancy agreement began on 23rd of the month, which would suggest this is your rent due date. If this is the case, it would be full rent payment on 23rd August, with a smaller payment on 23rd September for the period 23/09 - 06/10. 

Sorry I’m not fully au fait with Scottish housing law, but in England, you must give your notice to take effect from the first day of a rent period (in your case, the 23rd). I assume this isn’t a requirement in Scotland?

steampowered

Congratulations on the new home! I think you are correct. A monthly tenancy can usually only be terminated on a month, i.e. you don't have part months.

So, if you serve notice today, your tenancy would continue for two more full months - i.e. until 25th October.

As theartfuldodger said it's well worth contacting the landlord about this - as you have been with him for so long he might be perfectly happy to agree an end date of 7 October. Especially if he can find new tenants. Best to let him know as soon as possible so that he can get the property on the market.