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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7360
Experience:  28 years as a practising solicitor.
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I have a short assured term tenancy lease in Scotland and i

Resolved Question:

I have a short assured term tenancy lease in Scotland and i would like to terminate the lease prior to the initial term of the tenancy of 12 months

Clause 1.10 & 1.11.
The Clause 1.11 states that a min 4 months from the tenancy start date, which has now passed, the notice period stated in this clause is 2 full calendar months

See clause 5.3, my understading from this clause is that a fee will be due for the agent to relet the property

Looking forward to hearing from you

Cheers
Alasdair
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

You will have to let me see the lease. If you have an electronic copy you can copy and paste into the box. If not, you can scan and email it toXXX@XXXXXX.XXX and ask the moderator to forward it to JGM. I will then do my best to help you.
Customer: replied 1 year ago.
I have emailed the lease to the address above

Cheers
Alasdair
Expert:  JGM replied 1 year ago.
Thanks. I will look out for it being forwarded to me.
Customer: replied 1 year ago.
Have you not received the copy of the lease yet?
Expert:  JGM replied 1 year ago.
No, I will send a message to the moderator myself to see what has happened.They have now replied saying they haven't received anything. Can you resend it toXXX@XXXXXX.XXX
Customer: replied 1 year ago.

I did copy the lease in word format into this box a few days ago.


However i will resend the copy to the above address


 


Cheers


Alasdair

Expert:  JGM replied 1 year ago.
As you'll see from the above, the lease hasn't copied into a text box. If you'd like to try again this would be the best way of letting me see it as I haven't received anything yet from the moderator.
Expert:  JGM replied 1 year ago.
I have just received the lease.

Unusually you are allowed to give two months notice after four months have elapsed even if the initial terms has not been completed. You have to pay rent and council tax until the landlord relets the property or date of termination and landlords costs and agency fees. Any other damages incurred by the landlord would also be included but the law says that such losses would have to be reasonably incurred.

Happy to discuss further.
Customer: replied 1 year ago.
Thanks for the reply,
the date of termination, so if I after the 4 months can I terminate the lease not including the 2 months notice, without incurring any rental?

I have received an email from the letting agent refusing to put the house up for rent which would seem to be contrary to the lease agreement, the request for putting the house up for rent as around 6 weeks ago
Expert:  JGM replied 1 year ago.
After four months you can give two months notice of termination. You have to pay rent to the termination date. The reason obligation on the landlord to try to relet the property. Of course if he doesn't do so then he may have a period after the termination date that you are not liable for.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7360
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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