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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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Hello, My Short Assured Tenancy Agreement is due to expire

Resolved Question:

Hello,

My Short Assured Tenancy Agreement is due to expire on 10.07.2013. Today I have got information from letting agency that to leave property on that date I had to give written notice on 10.07.2013 (2 months before). I have identical contract like this one: http://scotland.shelter.org.uk/__data/assets/pdf_file/0014/23153/AT5.pdf
Is it possible to leave my property in the date of contract expiration or I have to give written notice and wait 2 month (so leave property on 10.08.2013)?

Regards
Submitted: 1 year ago via Tenancy Agreement Service.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The minimum notice you have to give is in accordance with what the lease says OR 40 days if your tenancy is for six months or longer OR 28 days otherwise or if your tenancy is continuing on a monthly basis after the original period has expired.

The two month rule applies to the landlord, not to the tenant. Unless the lease provides for two months, the agent is wrong.

By the way the link you gave me was not to your lease it was to an AT5 form. Check the provisions of your actual lease.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

I will find my lease and come back to You.


 


I understand that if I in my contract there is information about 2 month notice period I am not able to leave property earlier. Even if state law You mentioned tells about 40 days if tenancy is for six months or longer.


 


Regards


Karol Tomaszewski

Expert:  JGM replied 1 year ago.
That is correct. The contract takes precedence over the statutory provisions.
Customer: replied 1 year ago.

I have checked that in my lease contract there is no information about notice period. Could You please give me provision on which I can invoke in a letter for letting agency about this 40 day notice period.

Expert:  JGM replied 1 year ago.
Here is the link to the government website:

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland/if-your-tenants-want-to-leave
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7361
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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