Notice to Leave

user1977

Now you're past the date on the landlord's notice, your tenancy will end on the date you leave, there is no need for you to give any notice.

stephcam

Thats great thanks, that makes sense and its what I expected. As was posted above I think the ladnlord is just trying to have her cale and eat it, trying to evict me while also then technically demanding I stay longer, just seems ridiculous.

thanks for your help 

theartfullodger

Agree. Childish idiot of landlord.

Artful, Scottish landlord 2000-2023.

saajan_12

user1977 said:

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)

Is there no time horizon on that? eg if LL served notice, then didn't enforce (say T and LL came to an agreement on whatever the issue was or LL's sale fell through and they did the right thing by not evicting). Then years later, can the T still move out on a moments notice? 

user1977

saajan_12 said:

user1977 said:

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)

Is there no time horizon on that? eg if LL served notice, then didn't enforce (say T and LL came to an agreement on whatever the issue was or LL's sale fell through and they did the right thing by not evicting). Then years later, can the T still move out on a moments notice? 

I can't see any time limit. I expect the assumption is that because a landlord's notice can only be served because there's a good reason (either a tenant breach or because the landlord objectively needs possession of the property) there shouldn't be merely a change of mind about it. The parties could agree to disregard the notice if the landlord wanted more comfort about it.

_Penny_Dreadful

A notice to leave is valid for 6 months.