Notice to Leave

stephcam

Hi, this is my first post and would really appreciate any advice anybody is able to offer. (I am based in Scotland just for reference)
In March my landlord served me with a Notice to Leave which stated that I was to leave the property on the 1st of June as they were intending to sell the property as they claimed they could no longer afford it. I was advised by my local council not to leave the property on the specified date due to the current eviction ban in place. They explained that the landlord would need to go to tribunal to gain an eviction order.
After refusing to leave as advised, which was being handled amicably by both parties, my landlord started the tribunal process. I have recently received documents informing me that there is a tribunal telephone conference scheduled at the end of September for us all to participate in.
I have since this past week been able to line up another property which I am moving into on 5th September. I informed my landlord today of the development thinking my landlord would be relived as she told me on multiple occasions how much they can’t afford the property and has put a fair amount of pressure on me to find somewhere new. However in response she is now demanding a months notice and further rent payment. For reference the months notice she is seeking would take us past the tribunal hearing that is taking place where she is seeking to get me evicted.

I have tried scouring online but can find no answer for this particular scenario and am unable to contact any advice services until after the weekend.
Is anyone aware of what the legal expectation would be in this situation? I understand under normal circumstances I would provide her notice to end the tenancy but in this situation I am not the one who wants this tenancy to end. She served me notice to leave in June, I refused and have overstayed and now I am telling her I am complying with her notice to leave and I will be out of the property in just over a week.
I would ofcourse have preferred to give her more notice but the opportunity of the new property happened very quickly and genuinely thought she would have been relieved.

It seems bizarre that I would have to give a months notice after she already gave me notice 5 months ago?

Sorry for the long winded explanation and thanks for any advice offered

Steph

ProDave

The LL is being unreasonable, talk about cake and eating it.

In that situation I would be perfectly happy for you to leave on your chosen date.

stephcam

ProDave said:

The LL is being unreasonable, talk about cake and eating it.

In that situation I would be perfectly happy for you to leave on your chosen date.

Thats what I thought, it just seems completely ridiculous.  I just dont know where it stands legally because I dont trust that she’s not petty enough to try and go the legal route for the rent if she’s technically entitled to it although I can’t see how she possibly could be

ProDave

I would just say no more and quietly move out on your proposed date.

Herzlos

Since they want you out, I'd be inclined to pay them pro-rata until the date you move out.

frugalmacdugal

Hi,

is LL holding a deposit?

stephcam

frugalmacdugal said:

Hi,

is LL holding a deposit?

Yeah they’ve got my deposit, I dare say they’ll try and keep it though

stephcam

and i’ve been paying my rent fully and on time, and they have already received rent that covers up until the 5th

user1977

The tenancy ends when you leave. See section 50 of the Private Housing (Tenancies) (Scotland) Act 2016:

50 Termination by notice to leave and tenant leaving

(1) A tenancy which is a private residential tenancy comes to an end if—

(a)the tenant has received a notice to leave from the landlord, and

(b)the tenant has ceased to occupy the let property.

(2) A tenancy comes to an end under subsection (1) on the later of—

(a) the day specified in the notice to leave in accordance with section 62(1)(b), or

(b) the day on which the tenant ceases to occupy the let property.

So if you're leaving after 1 June (the date in the landlord's notice), your tenancy ends on the date you leave.

(I'm assuming it is a Private Residential Tenancy you have - if not, let us know)

stephcam

Yes its a private rent.  I think its more the notice period i’m questioning.  She gave me notice to leave on june 1st, i didnt leave and now i have told her i can be out out in 2 weeks, she demanding that I have to provide her a months notice as per my contract and therefore another rent payment.  But surely the fact she has already served me notice and I am not complying with makes any notice period i would have been obligated to provide in normal circumstances irrelevant?

thanks

stephcam

Edit, she served me notice and i am now complying