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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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My partner is on a short term tenancy lease. His tenancy agreement

Customer Question

My partner is on a short term tenancy lease. His tenancy agreement states that either party (landlord or tenant) may terminate the lease providing two months' notice is given. On giving written notice of his intention to terminate the lease he was advised that this notice period could only commence from the date he signed the lease, ie 9th September giving 12 weeks notice. This is not specified in the terms of agreement. Is it standard practice?
Submitted: 2 years ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Nicola
Expert:  JGM replied 2 years ago.
Thank you for your question.
Normally in a short assured tenancy lease, notice of termination can only be given two months before the end of the term of the lease. In other words if it is a six months lease the notice can be given after four months, 12 months The notice can be given after 10 months. I am not quite sure what your position is and would be grateful if you could explain this in a little more detail.
Customer: replied 2 years ago.

A lease running from 9/3 renewable on monthly basis until two months' notice given. Presume notice period can only commence from 9th day of the month?

Expert:  JGM replied 2 years ago.
If if you would like me to look at the lease, please scan and email it to***@******.*** and ask the moderator to forward it toCustomer Is itperhaps the case that the lease is for an initial period of six months and runs month to month thereafter? If that is the case then two months notice can be given any time from the ninth day of month 4. Happy to examine the lease for you.