Notice To Quit Advice Scotland
Discussion
Notice to quit received end of May.
Vacate on or before 1st Sept
Found new house late July,spoke to letting agent and left last day of July into new property.
2 days later email from mydepositscotland saying landlord wants to keep deposit because I didn't give enough notice.
Sent copy of notice to quit which plainly says vacate on or before 1st September and last Friday they sided with the landlord that I hadn't given enough notice.
I can appeal but just want a little advice.
Does on or before not mean anything?
Thanks
Vacate on or before 1st Sept
Found new house late July,spoke to letting agent and left last day of July into new property.
2 days later email from mydepositscotland saying landlord wants to keep deposit because I didn't give enough notice.
Sent copy of notice to quit which plainly says vacate on or before 1st September and last Friday they sided with the landlord that I hadn't given enough notice.
I can appeal but just want a little advice.
Does on or before not mean anything?
Thanks
Did you receive form s21 6A and if its the same form used in England then you should also had 2 pages of notes that go with it.
Im assuming it is the s21 6A form which says "you are required to leave the below address after …….."
there then should be a date. This is the end date of your tenancy.
What does your tenancy agreement say your end date is? This most likely will coincide with the above. Thus if you leave before the end date then you are in breach of your tenancy.
If you have ALSO lost at the deposit dispute then you have breached the tenancy agreement end date. They WILL have given you the reason they found for the landlord.
the old forms used to say on or before as they were badly drafted by the govt. BUT you still have to comply with the tenancy agreement and most will say you have to give a months notice if periodic or a month notice to co-incide with the end date of a fixed term.
Im assuming it is the s21 6A form which says "you are required to leave the below address after …….."
there then should be a date. This is the end date of your tenancy.
What does your tenancy agreement say your end date is? This most likely will coincide with the above. Thus if you leave before the end date then you are in breach of your tenancy.
If you have ALSO lost at the deposit dispute then you have breached the tenancy agreement end date. They WILL have given you the reason they found for the landlord.
the old forms used to say on or before as they were badly drafted by the govt. BUT you still have to comply with the tenancy agreement and most will say you have to give a months notice if periodic or a month notice to co-incide with the end date of a fixed term.
Edited by superlightr on Monday 4th November 14:44
superlightr said:
Did you receive form s21 6A and if its the same form used in England then you should also had 2 pages of notes that go with it.
Im assuming it is the s21 6A form which says "you are required to leave the below address after …….."
there then should be a date. This is the end date of your tenancy.
What does your tenancy agreement say your end date is? This most likely will coincide with the above. Thus if you leave before the end date then you are in breach of your tenancy.
If you have ALSO lost at the deposit dispute then you have breached the tenancy agreement end date. They WILL have given you the reason they found for the landlord.
the old forms used to say on or before as they were badly drafted by the govt. BUT you still have to comply with the tenancy agreement and most will say you have to give a months notice if periodic or a month notice to co-incide with the end date of a fixed term.
English law is meaningless in Scotland, you're just confusing the issue.Im assuming it is the s21 6A form which says "you are required to leave the below address after …….."
there then should be a date. This is the end date of your tenancy.
What does your tenancy agreement say your end date is? This most likely will coincide with the above. Thus if you leave before the end date then you are in breach of your tenancy.
If you have ALSO lost at the deposit dispute then you have breached the tenancy agreement end date. They WILL have given you the reason they found for the landlord.
the old forms used to say on or before as they were badly drafted by the govt. BUT you still have to comply with the tenancy agreement and most will say you have to give a months notice if periodic or a month notice to co-incide with the end date of a fixed term.
Edited by superlightr on Monday 4th November 14:44
Under Scotland's Private Housing Act 2016, there is no longer a Section 21 Notice for all tenancies starting after 1 December 2017.
Where a landlord wishes to end a tenancy there are 1 to 18 grounds, some are mandatory and some are not, with notice period for the various grounds range from 28 days to 84 days.
Where a tenant wishes to end a tenancy, they must give a minimum notice of 28 days,, this notice can be varied by agreement between parties. The fact that the landlord's/agent's notice states "on or before 1st September", then the OP has complied with the wording of the notice.
Interesting that the Act speaks only of 28 days, and not a calendar month notice, with the former notice period not having to be submitted on the anniversary day in the month when the rent is payable.
In the OP's position I would be appealing the decision.
Where a landlord wishes to end a tenancy there are 1 to 18 grounds, some are mandatory and some are not, with notice period for the various grounds range from 28 days to 84 days.
Where a tenant wishes to end a tenancy, they must give a minimum notice of 28 days,, this notice can be varied by agreement between parties. The fact that the landlord's/agent's notice states "on or before 1st September", then the OP has complied with the wording of the notice.
Interesting that the Act speaks only of 28 days, and not a calendar month notice, with the former notice period not having to be submitted on the anniversary day in the month when the rent is payable.
In the OP's position I would be appealing the decision.
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