As a private landlord, you really need to be on the ball to avoid the pitfalls of Scottish tenancy law. One of the biggest danger areas involves the perils of picking the wrong date. This can occur in a number of circumstances. So how do you get the notice to quit date right?
The Short Assured Tenancy Agreement Scotland
- The law says that a short assured tenancy agreement must be for a minimum of six months. e.g. 8 December 2010 to 8 June 2011.
- Always err on the side of caution and make sure you are generous when calculating the 6 month period.
- There is an argument that if you fall short of the 6 month minimum (e.g. 8 December 2010 to 7 June 2011) you will be stuck with an assured tenancy agreement; which can create plenty of problems.
- The Notice to Quit must bring the tenancy to an end at its termination (or 'ish') date.
- Accordingly, if your tenancy runs from 8 December 2010 to 8 June 2011, the Notice must end the tenancy on the 8th June 2011.
Section 33 Notice
Section 33 Notice should also tie in with the termination date. The Section 33 should be served at least 2 months in advance whilst the Notice to Quit requires 40 days notice. In practical terms, it makes sense to serve the Notice to Quit at the same time as the section 33 notice.
The law sets out a number of grounds for eviction which can be used in a Form AT6. However the period of notice required for an AT6 will depend on what grounds are used and can be either 2 weeks or 2 months. Landlords should check carefully before the notice is served.
If you get the date wrong you could face significant delays in getting your property back. Don't get caught out!
If you'd like more specific advice in getting the notice to quit date right, get in touch, one of our team would be pleased to help.