Questions on giving Notice to Quit

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    Questions on giving Notice to Quit

    Hi all,

    I have a couple of questions about the rules for giving tenants in Scotland Notice to Quit. Very grateful for any info

    1. I remember seeing somewhere that NTQ can't be given when there are outstanding repairs at the property, but can't find the source again. There is a repair that I don't think I will get seen to before I'd like to give notice (busy tradespeople). Would this invalidate the NTQ?

    2. I know I need to give the tenants 2 months' notice, but am not sure exactly how the dates need to match up.
    For example, if a 6 month contract started on 30 June and ends 30 December, and then turns into rolling month contract:

    - Could I give NTQ by 15 December to bring tenancy to an end on 15 February
    - Or would I have to give NTQ by 30 December to bring tenancy to an end on 30 February

    In other words, does notice need to be given for the same date in a month as the tenancy started/ends?


    Many thanks in advance!

    #2
    What does the tenancy say about how the tenancy continues after 30 December. (Odd, 6 month & 1 day tenancy...) please?
    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...

    Comment


      #3
      Thanks for your response.
      It says it will continue thereafter on a monthly basis until ended by either party (giving the other 2 months’ notice).
      The fixed term being from the 30th to the 30th was a policy initially implemented by letting agents, hopefully I haven’t wrongly assumed this was fine.

      Comment


        #4
        Answer assumes you can prove you served AT5 prior to tenant signing SaT. If not, big problem.

        See....
        http://scotland.shelter.org.uk/get_a...ssured_tenants
        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...

        Comment


          #5
          Thanks again.

          Yes they signed AT5s prior.

          All the info I can find clearly states that if I wanted to end the tenancy at the end of the fixed term, I would have had to serve notice two months prior, for the end date.
          However, because I want to give the notice now, during the fixed term, for a date after the fixed term (when it's a rolling contract), it's not clear whether I can give it for any date two months from now, or have to give it for two months after the end date.

          Comment

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