Landlord requires 2 Months Notice I want to give 1 Advice Needed

[ratmouse]

I am letting a private house on a short assured tenancy and have found a new home to move to. Looking at my tenancy agreement it states I need to give 2 calendar months notice which is too long as the new landlord wants me in asap.

 

I was wondering if there was a get out clause and was going to use the fact that the landlord although been told for months has not undergone a Gas Safety Check and the last one was 17 months ago.

 

If this is a get out clause any advice on how to address this would be much appreciated.

[The Carpet Cleaners]

No it is not a get out clause..

 

What we need is some information about the AST you have at the moment..

 

When did you sign it

how long it is for

If you have re-signed it

date rent due

 

We need dates for the above before we can give you any proper advice.

[ratmouse]

It is a short assured tenancy which ended on May 2012 after 6 months. On the paperwork it states Lease Agreement. The rent is paid on the 11th of each month and we have never re-signed anything. I live in Scotland if that bears any resemblance on matters and thanks.

[The Carpet Cleaners]

It does, and I don't know the difference in Scottish tenancy law, so I will have to leave this to someone who does know the rules up there.... Sorry

[ashmk]

Would it now be a rolling contract? Therefore 1 month notice would apply?

[ratmouse]

Thanks for trying to help, my agreement states 2 month so a rolling contract is irrelevant I presume

[Conniff]

You can leave and move into your new home, fight about the extra months rent after you have gone. Give him the one month, he might just accept it.

[havinastella]

Does it state 2months notice on the tenancy agreement that has expired?

[The Carpet Cleaners]

All I know is that in England when your Ast lapses and becomes a Periodic Tenancy agreement, the LL has to give you 2 months notice and you only have to give LL 1 months notice, no matter what it says in the original ASt...

 

So all we have to establish now is whether the law is the same in Scotland.

 

edit after for 1 months notice change to 1 rental period notice ie 1 month 1 week, 4 weeks etc.

[stu007]

Hi

 

welcome to CAG just to clarify for you the difference in scotland with a short AST is that at the end of the argreement it is automatically "renewed" therefore any notice period given in the tenancy agreement i.e. 2mths notice is renewed and its still 2mths notice.

 

Unless their are any other conditions within that agreement i.e. break clauses.

 

This PDF Tenancy Information Pack for private tenants Scotland Only may be of help (please have a read of section 1.4)

[The Carpet Cleaners]

you learn something every day... I now know the difference.. Thank you Stu