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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I rent out a property in Scotland. The tenant has a short assured

Customer Question

I rent out a property in Scotland. The tenant has a short assured tennacy agreement in place from the 1st Dec 2015 for 6 months. The wrote in a Feb giving their notice to leave early on the 31st March, which I wrote back agreeing to in writing. They had told me to sign a sheet of paper agreeing to it but I didn't sign this because it said I would give their deposit back asap and I'm not in control of the deposit but I wrote to them confirming that I accepted their offer to move out.
They have now decided that they aren't going and I was wondering if there is anything legally that I can say or start to do?
It is a joint tennacy but the last letter was only signed by one tenant. I have also read about section 18 of the distress for rent act and I wondered if this applies?
Thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
I don't know what your reference to section 18 of the "distress for rent act" is and perhaps you could clarify. However, legally the position is that landlord and tenant are allowed to agree an early departure date and the tenant would be in breach of contract if they then decided not to move out. However, you would still have to give two months notice and then go to court to get them out, so the legal position is more a theoretical one than a practical one. What you should be doing now is giving two months notice prior to 31 March so that the end date of 31 May is established, known in Scots law as the "ish" date. You need to serve a notice to quit and a section 33 Notice in the usual way. I hope that helps. Please leave a positive rating so that I am credited for my time.