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Oct, 2014

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  1. #1

    Default Period of Notice required to give to tenant

    I have let a flat out to the same tenant since Feb 2009 and drew the contract up myself, signed by myself and the tenants. These are only my second tenant and I have never had to serve a notice in the past.
    The contract states "where contract is to be terminated, there is to be a period of notice of 1 calendar month for both landlord and tenant."

    I would appreciate any advice on:
    - if this contract is legally binding (no solicitors were involved)
    - if this period of notice is acceptable under any laws I am unaware of
    - what is the formal way I need to serve a notice.

    Many thanks in advance

  2. #2
    Join Date
    Mar 2009
    Posts
    9,207

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    See some answers here & further questions for you to respond to, please....

    http://forums.moneysavingexpert.com/....php?t=4313161

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3
    Join Date
    Sep 2012
    Location
    Tranent, East Lothian
    Posts
    161

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    Please see procedures for ending tenancies below:

    Ending a Tenancy
    There are a number of actions that you must perform to end a tenancy:
    1. Serve the Notice To Quit –
    • A Notice to Quit has the legal effect of bringing a tenancy to a 'contractual' end. The notice is in a set prescribed format and must be served on a tenant at least 40 clear days before the end date or "ish". However, when you require re-possession of a property, the Notice to Quit is normally served with two months notice for the reason that the other two notices you will be serving require two months notice (i.e. the S33 and AT6). The notice should always be served by 'signed for delivery' or by Sheriff officers. Personal delivery by a landlord is not actually enough. The important thing to realise about a Notice to Quit is, that by itself, it does not actually require a tenant to leave the property at the end of the tenancy. To require a tenant to leave at the end of the tenancy you also need to serve The Notice for Recovery of Possession (S33 Notice) and the AT6 form discussed below and, ultimately, be prepared to go to court with them for an eviction order.
    2. Serve the Notice for recovery of Possession (S.33 Notice) and the AT6 Form –
    • The Notice for Recovery of Possession (also referred to as a Section 33 Notice) is legally required by section 33(1) (d) of the Housing (Scotland) Act 1988. This section states that a separate notice should be given to a tenant, advising that the landlord requires to regain possession of his property. There is no prescribed legal format, but a set style has come in to common use. The notice should be served by recorded delivery or Sheriff Officers and should state the date from which possession is required.
    • The Form AT6 is a legal notice which informs tenants that court proceedings may be raised against them for possession of the property. The form asks you to give the grounds under which you wish to end the tenancy. If you are ending it at the end of the tenancy (it's "ish" date) then you do not need to specify any of the 17 grounds - simply write "this is a Short Assured Tenancy that has reached its ish". Where no AT5 has been served at the start of the Tenancy you will have to specify Grounds.
    Even though you will have brought the tenancy to an end, there is no requirement for the Tenant to leave the property. The only way to compel a tenant to leave the property is to receive an eviction order from the Court.
    Any other action, on behalf of a Landlord would be seen as Illegal Eviction and the Landlord could face criminal prosecution and the revocation of their Landlord Registration.
    Where you intend to take eviction proceedings in Court, you are also required to inform the Local Authority of this under Section 11 of the Homelessness etc. (Scotland) Act 2003 –
    • The main function of a section 11 notice is to give the council ample knowledge that an individual, or household, are at risk of becoming homeless. Once aware a council may intervene to see if the eviction can be halted through mediation or other means, also, the notice will give the council time to discuss alternative housing options with your tenant.
    • It is not the purpose of these regulations to interfere with the day-to-day management of a private rented property. The normal process when a tenant leaves a property at the ish date of a tenancy should not be complicated by section 11 notices. It is only when a landlord thinks that the only way that they are going to get the property back is via court action that these regulations have to be adhered to.
    • The timing of the notice is very important. It should only be sent when you intend to take court proceedings rather than at the time you serve a notice to quit. The correct timing of serving the notice would be the date where you seek a court date to evict the tenant, if they have ignored the notice to quit.
    The information that you are required to pass to the council is set down by law and has the contain the following
    • Name and address of landlord who has raised proceedings
    • Name and address of landlord’s legal representatives
    • Contact telephone number of landlord
    • Landlord registration reference
    • Name of tenant/s against whom proceedings have been raised
    • Full postal address of property that is the subject of proceedings
    • Start date of the tenancy
    • Date of raising of proceedings
    • Court in which proceedings raised
    • The legislation under which proceedings have been raised
    These details should be sent to the Homelessness Team of the relevant Local Authority.

  4. #4
    Join Date
    Mar 2011
    Location
    Location Location Scotland
    Posts
    953

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    Rather than start a new thread I thought it would be worth tagging on to this one.

    I have a tenant in my HMO who has always been a bad payer but has normally caught up within a couple of weeks. He pays weekly by SO and signed a 6 month SAT in May 2012, an AT5 was also signed along with the repairing standard.

    He is now 8 weeks behind with his rent. I have had dialogue with him nearly every week and he has promised to pay nearly every week. He just comes up with one excuse after another. As he is now in breach of his contract I can issue him with a notice to quit. However he has said he will pay all arrears on the 18th January when he gets paid. We have agreed verbally and by email that if he doesn't pay me on the 18th then he will leave on the 19th.

    My question is where do I stand with the Notice to Quit? Should I serve it now with a date of the 19th or wait to see if he pays? Also is there a prescribed format for the NTQ as I haven't had to serve one before?

    Cheers
    QFF

  5. #5
    Join Date
    Mar 2009
    Posts
    9,207

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    SaL - see...

    http://www.scottishlandlords.com/
    &
    https://www.scottishlandlords.com/Re...Documents.aspx
    (This latter may not display if you are not a member...)

    In your position strongly suggest you join if not already a member - they have a helpline !!!

    You are sure you can prove (eg date & time-stamped signatures) AT5 served before Tenancy signed???
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  6. #6
    Join Date
    Mar 2011
    Location
    Location Location Scotland
    Posts
    953

    Default

    Thanks for the links, yes AT5 all above board.

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