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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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I requested a six month lease on a property and was given a

Resolved Question:

I requested a six month lease on a property and was given a short assured tenancy which states that 2 months notice is required to terminate the lease. My landlord claims the 2 months notice is from the next rent due date. There is nothing in the lease to link the notice to the date the rent is due. I have spoken to the agency who drew up the lease and they claim the landlord is correct. The term 'ish' in the Housing Act (Scotland) 1988 (I think) is referred to in th elease and the term 'ish' is in the act but there is no layman's explanation of the implications. Can you advise, or point me n the right direction please.
Submitted: 2 years ago.
Category: Scots Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Can you confirm that you would like to leave at the end of the 6 month period, or has the 6 month Tenancy period already expired?

Kind Regards

Al

Customer: replied 2 years ago.

I want to leave at the end of the 6 months. However, the wording on the lease is that I should have given 2 months notice in writing to stop the lease rolling forward. I suppose I have to accept that, as it is clearly stated.

The lease began on 22 January 2015 and rent is due on the 22nd of each month. I contacted the landlord on 27 June to find out what is required as the lease comes to an end. The response was that I should have given notice in writing by 22 May. I wrote a letter and delivered by hand on 28 June (and dated 28 June) giving 2 months notice and stating that the lease would therefore end on 28 August. The landlord replied that it would continue to 22 September.

Customer: replied 2 years ago.

Attachment: 2015-06-30_165800_tennancy_contract_p4.pdf

Here's the page of the lease that refers to duration and rent. there is no other reference to termination in the document.

Expert:  Aston Lawyer replied 2 years ago.

I am sorry Jon. I note it is a Scottish Tenancy, so I will need to opt out, as I am based in England.

Kind Regards

Al

Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots lawyer and I am sorry that my colleague didn't notice you were in Scotland.
The ish is the termination date in Scotland. Your contract says that is two months from written notice. The rent payment date is irrelevant. You are right in my opinion and the lease will end as will the obligation to pay rent two months from your notice date. I'm not quite sure why they are linking the rent payment date to the date of termination having regard to the terms of the lease that you have posted.
Happy to discuss.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience: 30 years as a practising solicitor.
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