Giving notice on rental property - Scotland

[glasjam]

Have lived in our rented 2-bedroomed unfurnished flat for 3 years and 8 months. Have signed 6 month short assured tenancy contracts every 6 months so are currently into our 8 eight contract.

Have found a fantastic new place - too good to miss so have given our one month's notice. UNFORTUNATELY they have turned round and said that we are only 2 months into our 6 month contract and must pay the remaining 4 months rent even if we move now.

I've looked at the 1-page contract that we've been signing since the inital contract and feel stupid because what I've interpreted as being "must give 1 month's written notice" actually reads "a 1 month's written notice must be given BEFORE THE END OF THE LEASE". So without realising we have been signing up to stay for the full 6 months each time we've signed the contract.

I've been renting for over 18 years now and have never been caught out by this. I have always been aware that we must stay for the duration of the initial rental period ie. 6 months, 12 months and thereafter have always given 1 month's notice.

Have I got a leg to stand on? The "good" thing is is that the landlord can try and get that money out of us but we simply don't have it and would have to declare bankcruptcy. We've only just got out of a deed of trust and are hanging on by our fingernails. Am thinking that we are going to have to wave goodbye to our 6 weeks deposit though.

can you get someone to take up the remaining 4 months?

Don't think we can Expat - besides I wouldn't want anyone to move in there - the central heating system is a nightmare - it's always losing pressure and we're constantly bleeding the radiators which are old and ineffectual - our direct debit for gas alone was £186 per month (it's a 2-bed flat). They've admitted that they need to re-do the central heating system but that can only happen when we move out as it is such a big job (we had this conversation a few months ago)

When we moved in they talked about replacing the carpet which was plain, but had been down for years - there was a particularly nasty mark in the living room =- but we said, don't bother on our account. The kitchen was installed in 1991 (a pine job with knobs falling off and a stained beige plastic sink). The whole place needs an overhaul - if they did they could get much more rent for it then we've been paying!!

We've been good tenants - I just wish they would let us out without penalty - we've put up with a lot.

There isn't anything you can do as you have signed for 6 months each time you have signed a new lease. I am surprised you have signed a new lease each time as most leases will say that it continues either monthly until either party gives notice or 2 monthly until either party gives notice.

I NEVER make my tenants sign a new lease every 6 months but you have and there isn't anything you can do to get out of it unless you agree with the landlord to get out early.

You could approach them and say you are happy to pay re-advertising costs and will make the property available for viewing but your landlord is within his/her rights to say no and hold you to the full 6 months.

Thanks inscotland - OK - so we are going to have to rely on them agreeing to release us early or get sued. I could kick myself for not noticing this on our contract. I just assumed that once past the initial 6 months it would operate on the monthly notice period - but as they say, assumption is the mother of all F**k ups.