Ending tenancy and Tacit Relocation question

  • Filter
  • Time
  • Show
Clear All
new posts

    Ending tenancy and Tacit Relocation question

    Hi, I've had some very reliable tenants in my flat in Edinburgh for nearly 4 years now, I am going to sell the flat soon and need to serve them their notice. The tenancy was originally for 6 months and after that we let it go for another 6 months, before that 2nd 6 months was up I sent my tenants an email saying:

    "it will soon be coming up to a year you've been in the flat (March). If you refer to the section pasted below from the tenancy which means we can just let the tenancy agreement roll on for as long as we like.

    The lease will be for the period of 6 months from the [ ] (“start date”) and will end on [ ]) (“end date”). If this agreement is not brought to an end by either party on the end date it will continue thereafter on a monthly basis until terminated by either party giving no less than two months notice to the other party."

    My tenant responded saying "As we mentioned previous so far we are very happy with our agreement and your flat, that we would like to stay here at least a year more. Of course, if we would like to change our minds we will let you know at least couple months before. For now we don't even think to change anything."

    My concern now is that the fact that we were on a monthly rolling tenancy was not fully clarified and that when I serve them 2 months notice, they might get back to me saying that they have another six months as happens with the Scottish tacit relocation rule.

    Has the fact that they're on a monthly rolling tenancy been made sufficiently clear?



Latest Activity


  • PRT print out.
    Hi, I'm just looking at a PRT contract, constructed via the Scottish website, to be printed and it amounts to 81 pages long. So printing two copies is a long 180+ pages printing session. Is this the norm for the majority of ye guys? Thanks.
    19-07-2018, 14:17 PM
  • Factors
    My flat is in a block of 8, with 7 owners paying their share of factor's bills. The 8th hasn't paid in years so the factor went to court and got a lein against him. Means that when he sells up, they get their money. Last month (we get monthly bills), the factor shared the bill between 7 owners ie, we...
    12-07-2018, 07:57 AM
  • Reply to Factors
    When you wrote to them raising the matter what did you get in reply?

    Contact the First Tier Tribunal, start with their website
    12-07-2018, 11:06 AM
  • End of 6 monthly Winter Lets?
    With the change at the end of last year to Private Residential Tenancy, does this mean that people will no longer be able to rent their holiday home out for 6 months as a winter let and then kick the tenant back out once tourist season begins again?

    We have a lot of holiday homes in NW...
    02-07-2018, 19:08 PM
  • Reply to End of 6 monthly Winter Lets?
    The new PRT does not have an end date.

    So you can’t control when the tenancy ends however if you have a person who only wants to stay for six months then there’s no reason why you cannot go ahead you just can’t force them to move if they change their mind and want to stay longer.
    11-07-2018, 10:45 AM
  • Leaving tenant

    Hoping somebody can help me with this (I'm the landlord in this scenario):

    Tenant A and Tenant B both signed the same SAT agreement, in 2016, to lease a property. This tenancy agreement has never been ended by either the tenants or myself, so has been continuing on...
    10-07-2018, 14:37 PM
  • Reply to Leaving tenant
    Thanks for the reply.

    Yeah, as I was writing that post it was making more and more sense to me to leave things just as they are.

    Cheers again for the reply.
    10-07-2018, 15:00 PM
  • Reply to Leaving tenant
    In theory BOTH A & B would need to give you written authority to end tenancy.

    But if you grant a new tenancy (to anyone !) it will no longer be an SaT but a PRT so no option to end the tenancy for no reason, only on grounds.

    I'd do nothing. Currently you have two people...
    10-07-2018, 14:46 PM
  • Illegal/fraudalent subletting situation
    Saw an advert on Gumtree.

    Was advised I would bhe living with a live in landlord, thereby making me a lodger or "excluded occupier".

    I signed a tenancy agreement and applied for housing benefit. Turns out that the gentleman who gave me the tenancy agreement (and which...
    07-07-2018, 09:16 AM
  • Reply to Illegal/fraudalent subletting situation
    As it's Scotland any lodger is almost certainly a ”common law tenant" and a Sherrif court decree is needed to evict
    08-07-2018, 15:16 PM