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Apr, 2017

Thursday

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  1. #1

    Default Tenant giving week notice where do I stand?

    Hi guys new to this forum looking for some advice.

    I recieved a letter from my tenant giving a week and a half notice that they are leaving. The rent is due on the 25th they are moving on the 1st of may they say. The tenancy agreement expires on the 24th of April. The tenant has said they will pay for the days from the 25th to the 1st but I don't know where legally I stand here.

    The tenant is going on about their deposit also. Am I able to challenge that and argue a months rent is due as only a weeks notice was given.

    Any advice would be helpful as I have googled but can't seem to get anything on tenancies in Scotland with a similar case to this.

    Thanks in advance.

  2. #2
    Join Date
    Mar 2009
    Posts
    16,321

    Default

    What EXACTLY does the tenancy agreement say about notice by tenant, please?
    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

    Default

    I will quote below what the lease states.

    " if the tenant wishes to vacate the subjects on Monday the 24th April 2017 then the tenant must give the landlord not less than two months notice in writing their intention to vacate the subjects on Monday 24th of April 2017. If the agreement is not brough to an end by either party on Monday 24th of April, it will continue from month to month thereafter until terminated by prior written notice in accordance with the provisions of this lease given by either party to the other. The minimum notice to be given by a landlord shall be in accordance with statutory provisions in force. The minimum notice to be given by the tenant shall be two months. "

    That's exactly from the lease.

  4. #4
    Join Date
    Aug 2010
    Posts
    2,546

    Default

    It is after the fixed term so what the tenancy agreement says is irrelevant to what notice they must give. Strictly speaking a periodic tenancy has started and they cannot give notice until after it has started 25 April, and that notice would end on 24 June.

    I would compromise and tell them that you accept their notice despite its late receipt and will take it that the tenancy ends on 24 May and rent is due until that date. If they don't like that, then add an extra month.

    But it all depends whether you like them or not. If you do, then agree whatever works.

  5. #5
    Join Date
    Mar 2009
    Posts
    16,321

    Default

    In Scotland what the tenancy states rules.
    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...

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