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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12454
Experience:  30 years as a practising solicitor.
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I have a tenant from September 2011 who is now refusing to

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Hi,
I have a tenant from September 2011 who is now refusing to pay factor fees. The original tenancy document has continued to run without renewal. I have now served notice, but tenant states that tenancy automatically runs for 6 months at a time, as this was original term. Is this correct?

Thank you for your question. If the tenancy agreement doesn’t provide otherwise, then it will renew automatically for the same period again. This is called tacit relocation in Scots law. That would mean you would have to give two months notice after month 4 of the repeated period. However, if the tenant is in breach of the lease and you seek to terminate the lease and recover possession because of the breach, the natural termination date (called the ish) is irrelevant. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
I say he is in breach, he states he isn't, what is the best approach to take?Also, if I am correct does the tenant have to vacate property within 28 days? If he is correct, does the lease run as above?Thanks,
John

It should be a matter of checking the lease and if the tenant is liable under the lease for factors fees then you are right. You can give notice to quit of 28 days and AT6 and take him to court for an order for recovery of the property of he refuses to leave. If he is right then you can only terminate by giving two months notice prior to the natural expiry of the lease.

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