Prt minimum term

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    Prt minimum term

    Hi I understand that under the new Scottish Government Model Private Rental Tenancy Agreement (PRT) that there are no minimum terms. A tenant can be in 2 minutes and decide to give their notice in. Is this correct?

    I rent in an area with a lot of students. This leaves me a bit unsure what to do as they invariably want to rent until May, then leave for summer and re-rent in September. Obviously I won't hold the flat empty for them, but it is unlikely I will rent during summer as there will be lots of landlords in the same boat, all competing for a reduced tenant market.

    When I rented last September, the tenants moving in told me other landlords had asked for minimum 1 year. Can this minimum be written into the contract under any part of the PRT. Even if it was not legally binding, but perhaps at least a commitment on the part of the tenant it might make renting to students more appealing.

    As it stands I would prefer to avoid renting to students if possible. They already cost more in insurance etc.

    The other possibility is that I increase rent to cover the expected down time. This seems to be how other landlords are coping in the area.

    Any help appreciated.

    #2
    Tenants can and are moving out shortly after moving in (estimates are that 6% of tenancies are ending shortly after they started).

    You can’t put a minimum period of time into a PRT I suspect that allow the landlord has requested this it is completely unenforceable.

    The evidence suggests that tenants are now taking properties from June to secure the best properties so no need to worry about summer voids.

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      #3
      Tenant may give valid notice after 28 days...

      You CAN specify a minimum notice period, see..
      http://scotland.shelter.org.uk/legal...wants_to_leave
      - but that has to be 28 days or less: See s49(3) Private Housing (Tenancies) (Scotland) Act 2016
      https://www.legislation.gov.uk/asp/2016/19/section/49
      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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        #4
        I wonder if you could ask for all the rent to be paid for whatever term you agree? Then if tenant pays for 6 months, but moves out after a week, it's his problem?

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