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 Rod Adams

13:34 PM, 2nd February 2018, About 4 years ago

Reply to the comment left by Asif Ahmed at 02/02/2018 - 11:37
Ah well, it was worth a try, I'll see if I can find another straw to clutch at 😉
I work for an agent as well as being a landlord. We are seeing changes in client's decision making already as a result of the new leases. There is much greater reluctance to spend on improvements & maintenance on properties and many are reviewing their situation and whether their money would be better invested elsewhere.
I've said it before, I predict reduced supply of properties, poorer quality and higher rents.

Thanks for all the replies.

Regards,

Rod.

by AA

15:50 PM, 2nd February 2018, About 4 years ago

Reply to the comment left by Paul Maguire at 02/02/2018 - 12:36
Interesting - I wonder if that would work ? My suggestion albeit unworkable was to frontload the rent i.e. 12/9 with 3 free months but you are in a fix when you try to reinstate the rent. Anyone else comment on this which seems like a cracking suggestion.

by AA

16:01 PM, 2nd February 2018, About 4 years ago

Reply to the comment left by Rod Adams at 02/02/2018 - 13:34
Hi Rod - already there. Students are asking me questions about next year and I am watching what the market is doing regarding rents. Paul has come up with an idea but we need a legal eagle to say yae or nae.

by Paul Maguire

10:29 AM, 3rd February 2018, About 4 years ago

I don't see why a seperate agreement [witnessed and signed by landlord and tenant/s] wouldn't work. Ideally just a few lines but including the need to have adhered to the PRT rules of behaviour and no lapses in rent during the period.
The PRT is easy enough to fill in online [and I do wonder who else gets to see the data] and in my case there's no garden so some sections can be omitted. One problem I had was pricing extras included in the rent. I include Council Tax and broadband but without a minimum term you have no idea of what vacant periods will need to be covered although in the past rooms have always refilled within a week [usually a couple of days]. On the plus side though the PRT is a lot easier to understand compared to my ancient AST and I've learned how to electronically sign which will save hours of printing...and a few forests.


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