Tenants notice period on Scottish PRT

Tenants notice period on Scottish PRT

9:05 AM, 1st February 2018, About 4 years ago 24

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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

by AA

18:51 PM, 1st February 2018, About 4 years ago

Luke - what is the advantage of a concession to the tenant for the tenant to give you a longer notice period?

by Mike W

21:31 PM, 1st February 2018, About 4 years ago

The new lease is a disaster. The hotel and B&B trade will go bankrupt. If you want cheap accommodation - better than say 10 nights in a premier inn or B&B - rent a house for a month and give 28 days notice on day one. Yes more expensive than a one night stay but for a week? I think that answers AA's comment.

by AA

9:25 AM, 2nd February 2018, About 4 years ago

Reply to the comment left by Mike W at 01/02/2018 - 21:31
Got it. But does not add up. Someone intent on staying 1 month is not going to sign up to a 60 day notice. Though absolutely correct in respect of consequences. But that's what happens when you legislate with tunnel vision. We will be unable to avoid deliberate misrepresentation but can mitigate this occurrence by requiring a 2 month deposit and payback by tying up the deposit in a protracted adjudication process.

by Rod Adams

9:37 AM, 2nd February 2018, About 4 years ago

Reply to the comment left by Asif Ahmed at 01/02/2018 - 18:49
The section which applies where there is no agreement in place is section 14 which gives the tribunal authority to draw up terms where none are agreed, so not the sections I am referrring to.

Regards,

Rod.

by Luke P

9:42 AM, 2nd February 2018, About 4 years ago

Reply to the comment left by Asif Ahmed at 02/02/2018 - 09:25
Are Scotland not going to be implementing the 4 (or 6) week deposit maximum?

by Rod Adams

10:38 AM, 2nd February 2018, About 4 years ago

Reply to the comment left by Luke P at 02/02/2018 - 09:42
The maximum is set at 2 months currently. I hadn't heard of any plans to change that but nothing is surprising any more!

Regards,

Rod.

by AA

11:37 AM, 2nd February 2018, About 4 years ago

Reply to the comment left by Asif Ahmed at 02/02/2018 - 09:25
Rod - The explanatory notes definitely state amendment can only be made once the tenant has started to live in the property.
Any arrangements prior to this action are void.

by Paul Maguire

12:20 PM, 2nd February 2018, About 4 years ago

I did my first one yesterday and from what I could see, a tenant can move in and then give 28 days notice to leave so [as mentioned above] can have a months stay/holiday very cheaply. I was going to use my standard AST [room by room for 5 dbl bedroom HMO in Edinburgh] and include the essential clauses but my solicitor informed me that the Tribunal will only work with the new Model Tenancy and will only refer to that in disputes. Her firm has now withdrawn from new lettings. Three months rent arrears before you can start eviction procedings but if the tenant reduces that to one month's arrears on the day of the Tribunal it's thrown out. You could have a 3 or 4 month self catering holiday in Scotland for only 1 month's rent if you moved out on the day of the Tribunal. Good news for Festival goers.

by Paul Maguire

12:36 PM, 2nd February 2018, About 4 years ago

Might be an idea to boost the rent and offer a cash-back payment after 12+ months.

by Paul Maguire

12:53 PM, 2nd February 2018, About 4 years ago

.....or offer no rent increase for 2 years for "New Model Tenants".


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