In a pickle over notice period (Agent says 2 months, I think 1 month)

[browsingid]

Our short assured tenancy was granted in writing, commencing 12th October 2007, expiring 12 April 2008 (6 months).

 

Rent £895 per month, deposit £895. No idea which, if any, tenancy scheme it is held in. I believe our payments are to agent rather than landlord, but not sure as they just gave us an account no and sort code.

 

I was not intending to give a specific reason for leaving.

 

Inventory was taken. We added some comments to it and sent it off via email within a week of signing the lease.

 

We live in Glasgow, and therefore the Short Assured Tenancy is under the Housing (Scotland) Act 1988. I have no idea whether this is different from English Law in substance.

 

Now, my question is:

 

The six-month tenancy agreement stated that 2 months notice is required to be given by us in order to move out.

 

I called the letting agent today to inform them that we will be sending off our notice in writing to them presently. Therefore, assuming it gets to its destination by Thursday, we will have given 38 days notice.

 

The agent was adamant that I still needed to give 2 months notice, even though the six-month fixed period was not renewed and we therefore must now be on a rolling month-by-month contract.

 

From reading the info at the following links, I can't see how they can enforce this 2 month notice period on us:

 

Shelter Scotland - Short assured tenancies

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116385-shorthold-tenancy-posession-eviction.html

 

Can anyone out there provide any advice? Am I wrong in assuming we should only have a 1 month notice period now that we are out of the six-month tenancy?

 

We have reserved another flat and want out of here as soon as possible, so sticking around for the full 2 months is not an option - and we obviously wouldn't want to pay double rent for a month.

[MrShed]

One month simple as. No argument.

[browsingid]

Are you sure? I have just been on to the Shelter Helpline and they told me that in Scotland the six month tenancy will roll over for another 6 months under the principle of 'tacit relocation' if neither party give notice to quit at the end of the initial 6 months.

 

I am even more agitated now than I was before calling them. I hate this flat and can't wait to get out of here. The thought of having to stay or pay until Oct 2008 is making me feel ill.

[MrShed]

My apologies, forgot about the Scotland thing....I'm going to bow out as I know absolutely nothing about Scottish tenancies!!