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Scotsnet

Welcome to Scotsnet - discuss all aspects of life in Scotland, including relocating, schools and local areas.

How can rentals stipulate a minimum term of 6 months in Scotland when the law says its month to month?

12 replies

ssd · 21/07/2024 14:11

On a rolling contract?

OP posts:
ssd · 21/07/2024 15:51

Bump

OP posts:
SandyIrving · 21/07/2024 16:06

If its a standard tenancy ie not living with landlord or purpose built student type then it will be the usual 28 days notice. Maybe agent just trying to put off looking for short term lets over summer/festival periods.

tribpot · 21/07/2024 16:11

It looks as if the law is largely the same as in England, the minimum term of an short assured tenancy is 6 months: https://www.mygov.scot/ending-a-tenancy-as-a-landlord/short-assured-tenancies. I would guess it could go on a rolling basis thereafter but not before?

Precipice · 21/07/2024 16:13

tribpot · 21/07/2024 16:11

It looks as if the law is largely the same as in England, the minimum term of an short assured tenancy is 6 months: https://www.mygov.scot/ending-a-tenancy-as-a-landlord/short-assured-tenancies. I would guess it could go on a rolling basis thereafter but not before?

You can't start a new AST in Scotland since 2017! This is also in your link.

All new private residential tenancies in Scotland since that time are Private Residential Tenancies, which are rolling and open-ended. There are exceptions for things like student housing blocks, which are allowed fixed term tenancies.

Precipice · 21/07/2024 16:15

The answer to this is that either the landlord doesn't know rental law or hopes you don't know rental law. Either way, the minimum term clause in the suggested contract isn't worth the paper it's written on. It doesn't override the one month notice which tenants are entitled to give by law.

Drivingnowhere · 21/07/2024 16:17

There is no minimum term on private rental in Scotland anymore.
www.your-move.co.uk/landlords/letting-in-scotland/private-residential-tenancy#

tribpot · 21/07/2024 16:38

Precipice · 21/07/2024 16:13

You can't start a new AST in Scotland since 2017! This is also in your link.

All new private residential tenancies in Scotland since that time are Private Residential Tenancies, which are rolling and open-ended. There are exceptions for things like student housing blocks, which are allowed fixed term tenancies.

Ah sorry @Precipice I didn't read it carefully enough.

ssd · 21/07/2024 16:38

Thank you

OP posts:
weescotlass · 21/07/2024 21:44

They can't stipulate a minimum term, so the landlord is acting either knowingly or unknowingly by advertising as such.

As the comments here prove, there's still a lot of confusion about current landlord regs in Scotland.

Wombats77 · 21/07/2024 21:45

You can give notice as soon as you move in, no min term.

ssd · 21/07/2024 22:22

Its crazy, every single flat I've seen for rent in Edinburgh has a minimal rental period on it, as advertised by the rental agency. You'd think they'd know the rules!!

OP posts:
Wombats77 · 21/07/2024 22:44

They do know the rules.

My letting agent abides by this.

Given how much regulation there is & all landlords should be registered, etc, you can complain to the Council.

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