Tenants notice period on Scottish PRT

by Readers Question

3 weeks ago

Tenants notice period on Scottish PRT

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Tenants notice period on Scottish PRT

The generally accepted view on the new Private Residential Tenancy in Scotland is that the tenant can end the tenancy by giving 28 days notice at anytime after the the start of the tenancy. Having read the relevant legislation (Private Housing (Tenancies) (Scotland) Act 2016) I am confused.

Chapter 2, Section 49 Paragraph 3b (1) states that the end of the notice period is ‘such number of days after it begins as the landlord and tenant have validly agreed between them’ (2) states ‘if there is no such valid agreement , 28 days after it begins’.

Does this mean that the notice period is 28 days only if the there is no other agreement between landlord and Tenant? And a different number of days could be agreed in the lease document?

Regards,

Rod.

Comments

Neil Patterson

3 weeks ago

The Scottish Government has published the Model PRT Agreement which is worth reading the original, but I have copied part of section 24 below >> http://www.gov.scot/Resource/0052/00526246.pdf

My understanding is you can't just give 28 days notice, but I am only half Scots and a soft Southerner.

ENDING THE TENANCY
This Tenancy may be ended by:
-The Tenant giving notice to the Landlord
The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord.
To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants

The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act
. This can happen either:
- By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on
the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later.
or: By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order.
The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply.

AA

3 weeks ago

Wow if that is the case my lease will contain a 365 day notice period. However always read this type of legislation with an anti-landlord sentiment in mind. The model PRT does not give this option. The legislation was structured in the tenants favour regarding a "no lock in" as is a fixed period AST ( this option would lock tenants in ) but I have my fingers crossed hoping you may have something ( just like I have my fingers crossed I win the euro millions jackpot)

AA

3 weeks ago

Just looked it up - different period can be agreed AFTER the tenant has moved in.

Luke P

3 weeks ago

Reply to the comment left by Asif Ahmed at 01/02/2018 - 09:54
I wonder if a 'cashback' amount would persuade the tenant to agree different terms...?

AA

3 weeks ago

Reply to the comment left by Luke P at 01/02/2018 - 10:06
Luke -What do you mean ?

Luke P

3 weeks ago

Reply to the comment left by Asif Ahmed at 01/02/2018 - 11:15
Longer notice = cash amount to you/free rent for a period.

Rod Adams

3 weeks ago

>> AA said.... Just looked it up - different period can be agreed AFTER the tenant has moved in.

That is an interesting point, the section on validity of the notice period reads:

'(4)An agreement as to the number of days after which a minimum notice period ends is invalid for the purpose of subsection (3)(b)(i) if the agreement—

(a)is not in writing, or

(b)was entered into before the tenancy became a private residential tenancy.'

So the question that raises for me is when does a tenancy become a PRT? Is it when the document is signed or at the move in date? If it is when the document is signed it would be valid to have agree a notice period in the lease document as that would not be 'before the tenancy became a PRT' it would be at the same time.

Regards,

Rod.

Rod Adams

3 weeks ago

Reply to the comment left by Neil Patterson at 01/02/2018 - 09:22
Neil, I think you've missed the point, my query is about the period for the tenant to give notice to the landlord, not the landlord giving notice to the tenant.

Regards,

Rod.

AA

3 weeks ago

Reply to the comment left by Rod Adams at 01/02/2018 - 14:02
Rod - aside the fact that I am getting a brain freeze, the signatures plus the preconditions of the lease being met would then make at that point the document a live document such as the deposit being placed. The move in date is a sub condition of the agreement and subject to the preconditions being met. Also I think you are looking at the section and applicable to where no lease agreements are in place? I wish these b***** lawmakers spoke English.

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