Issues with ending my tenancy- notice period


#1

I started my tenancy july 31st with my current agency. Since the new law was passed in december, no changes have been made to the notice period. The lease was signed before having moved in saying we must give the agency 2 months notice before terminating the tenancy. I have read up on the law about new tenancies all being a 28 day notice period and was wondering if this also applies to people who had signed a lease before the law had been changed as we were not given any new lease to sign or had made any agreement after december with the new terms of private renting agreements where a shorter notice period. Please can i get advice to whether i have the right to claim a 28 day notice period as oppose to the original 2 month period.


#2

Unfortunately, the new tenancy arrangements do not apply retrospectively. This is a really sad omission in the legislation. But unless you have a new Private Rented Tenancy agreement you can be held to the old SAT agreements. Bad I know, and I’m sorry to be the harbinger of bad news.


#3

Hi Emma do you mean July 2017 or July 2018? If 2017, you will still have an old style tenancy and Diane’s advice is correct (notice periods can be longer than 28 days). If your tenancy started July 2018 then you have a PRT. So, even if you signed a tenancy agreement that wasn’t a PRT or agreed to a longer notice period before you moved into the property, this isn’t enforeceable.

Safe Deposit Scotland, one of three approved deposit schemes in Scotland, has confirmed that they will not accept claims against deposits by landlords/agents where it is for rent due for longer notice periods.

Remember the 28days should include an additional 2days for delivery where you’ve not handed it to the landlord/agent in person. You can agree to a longer notice period with your landlord but only after you’ve moved into the property and it has to be done freely without undue pressure.