Rental Notice (Scotland)

(3 Posts)
SayrraT Thu 17-Sep-15 12:25:15

Not sure if it is relevant that we are in Scotland but I know that some things are different so wanted to make people aware of our location. I'll also post in Scotsnet.

OH and I have just bought our first house (hopefully all going well, we've got a meeting at the bank today) and need to give notice on our rented flat. I know that I have seen posts here which say that the LL needs to give the tenant two months notice but that the tenant just needs to give one month notice to the LL.

We are on a rolling contract, the initial term of the lease ended on 3/3/2012 and the wording in the contract says:

"If no notice is given ending this lease on the date which the initial term ends, this lease will continue from month to month until terminated at a rent payment date by either the landlord or the tenant giving the other at least two months written notice before the rent payment date on which the landlord or tenant wishes this lease to terminate."

but I know that things which are written in contracts are not always correct. Does anyone know if I do need to give the two months notice?

The thing is I am wary of giving notice too early in case things go wrong and the sale falls through, we also wanted to have a month or so with both properties as the house we are buying needs a bit of work done. We wanted to do that before we moved in. In an ideal world we'd give notice (one month I thought) once we received the keys then the lease would end one month later in December. If we have to give two months notice then it wouldn't be until January....unless I give notice this month.

specialsubject Thu 17-Sep-15 13:31:26

it is indeed relevant that you are in Scotland. According to Shelter Scotland, here are your rules:

scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy

in England, once you are on a rolling tenancy it doesn't matter what terms were in the expired tenancy. But not sure for you.

I always advise that you do not give notice on your rental until your purchase is definite; if that is also in Scotland then the rules are again different (in England it would be on exchange of contracts). So an overlap is usual, but better than being homeless!

SayrraT Thu 17-Sep-15 15:36:22

Thanks special I didn't even think to look on Shelter. We were hoping for some overlap but not as much as this but yes obviously that is better than having nowhere to live.

Looks like we have to give 2 months as specified in the contract. Our purchase is also in Scotland so I think that means that everything is definite once the missives are signed, not sure when that will be. We have a moving in date/getting keys of 23rd October so that means I'd be giving notice on/before the 2nd November.

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