Scottish Rental & Legal Issues

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Sticky: Sources of useful information- Scottish law by theartfullodger Started by theartfullodger, 06-10-2010, 20:10 PM	5 responses 13,396 views 1 like	Last Post by arealhighlander 08-07-2018, 12:15 PM
Sticky: Scope of this Forum by LandlordZONE Started by LandlordZONE, 01-07-2010, 10:40 AM	1 response 6,641 views 0 likes	Last Post by Moderator1 01-07-2010, 10:50 AM
Last month's rent: Does it need to be whole? by michaelg9 Started by michaelg9, 30-04-2021, 11:21 AM	9 responses 84 views 0 likes	Last Post by AndrewDod 30-04-2021, 21:16 PM
Serious Topic - CCJ by Anna1985 Started by Anna1985, 28-04-2021, 11:21 AM	8 responses 67 views 0 likes	Last Post by Anna1985 28-04-2021, 15:15 PM
Landlord accepts notice, then asks to pay rent until he finds a new tenant by lougan Started by lougan, 04-04-2021, 14:35 PM	0 responses 133 views 0 likes	Last Post by lougan 04-04-2021, 14:35 PM
Wrongful Termination order, tenant eviction, Penalty against landlord by theartfullodger Started by theartfullodger, 25-03-2021, 14:29 PM	0 responses 48 views 0 likes	Last Post by theartfullodger 25-03-2021, 14:29 PM
Tenant departed, won't give forwarding address by arealhighlander Started by arealhighlander, 16-03-2021, 21:21 PM	8 responses 157 views 0 likes	Last Post by llbuilder_1 18-03-2021, 22:34 PM
Landlord address by Alaimo Started by Alaimo, 04-02-2021, 10:34 AM	2 responses 86 views 0 likes	Last Post by Alaimo 15-03-2021, 12:55 PM
Type of Tenancy agreement by jack2020 Started by jack2020, 04-03-2021, 12:58 PM	1 response 37 views 0 likes	Last Post by theartfullodger 04-03-2021, 16:31 PM
How much to deduct from deposit by jack2020 Started by jack2020, 04-03-2021, 10:42 AM	6 responses 157 views 0 likes	Last Post by jpkeates 04-03-2021, 14:56 PM
Any advise greatly appreciated by North1970 Started by North1970, 21-02-2021, 23:56 PM	7 responses 86 views 0 likes	Last Post by North1970 25-02-2021, 22:47 PM
New landlord basic questions by Lamidupeuple Started by Lamidupeuple, 17-02-2021, 12:10 PM	2 responses 86 views 0 likes	Last Post by theartfullodger 17-02-2021, 12:41 PM

Reply to Last month's rent: Does it need to be whole?

by AndrewDod

OK fair enough - Scotland is a different country with different laws, and with any luck we can say goodbye to them soon as they wish ..... (lived in Scotland a long time, and enjoyed it and all the privileges)....
- Channel: Scottish Rental & Legal Issues
30-04-2021, 21:16 PM
Last month's rent: Does it need to be whole?

by michaelg9

Hi everyone
I've been renting a property in Scotland for the last 8 months and today I gave my 1 month notice to leave on the 30th of May. The rent gets paid on the 12th usually so I think I only need to pay 18 days of rent for the last month right?

My landlord is asking me to pay...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 11:21 AM
Reply to Last month's rent: Does it need to be whole?

by Jon66

The legislation is here, and it clearly says 28 days notice starting to run from when written notice is given to expire 28 days later. 49Requirements for notice to be given by tenant

(1)A notice fulfils the requirements referred to in section 48(1) if—

(a)it is given—
...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 20:50 PM
Reply to Last month's rent: Does it need to be whole?

by AndrewDod

So correct me if I am wrong - the Scottish Government says that rents in Scotland are paid on a daily basis. Interested to see the lines of the law. Just asking. So far the cited bit ofg law "The notice period will begin on the day you get the notice" has no bearing on that - it applies to...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 19:39 PM
Reply to Last month's rent: Does it need to be whole?

by baldelectrician

AndrewDod,

As the tenant said, it does NOT matter what the landlord puts in to the rental agreement the Scottish Government one applies.

The landlord can add items only of they do not detract from the rights the tenant has.

Yep.
It is a rolling 28 day contract...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 16:34 PM
Reply to Last month's rent: Does it need to be whole?

by michaelg9

Just called Shelter Scotland and they said it's irrelevant when the contract starts, I can leave with 28 days notice and thus the last month is not necessarily paid in full
- Channel: Scottish Rental & Legal Issues
30-04-2021, 16:24 PM
Reply to Last month's rent: Does it need to be whole?

by AndrewDod

Not unless the tenancy agreement specifies some sort of pro-rata rental rate.

Like £500 for a month
£50 on a daily basis.

If not there is no basis whatever for making any assumption as to the meaning of a half month....
- Channel: Scottish Rental & Legal Issues
30-04-2021, 14:01 PM
Reply to Last month's rent: Does it need to be whole?

by theartfullodger

(Assuming your notice was valid and/or accepted by landlord)

I'm not sure. I've read (bits of) the PRT Act, ditto bits of Shelter Scotland Legal and citizens advice. Can't find the answer (probably me..).

Call Shelter Scotland 0808 800 4444 and ask, then please post their...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 13:43 PM
Reply to Last month's rent: Does it need to be whole?

by michaelg9

The Private Residential Tenancy* agreement states: "Your tenant has to give you at least 28 days' notice in writing if they want to end the tenancy (unless they ask for shorter notice and you agree in writing). The notice period will begin on the day you get the notice from your tenant, and ends...
- Channel: Scottish Rental & Legal Issues
30-04-2021, 12:42 PM
Reply to Last month's rent: Does it need to be whole?

by AndrewDod

Unless Scotland is special (I think not) you buy rent in chunks of one month (as you buy apples). So you owe the whole month unless agreed otherwise....
- Channel: Scottish Rental & Legal Issues
30-04-2021, 12:11 PM

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