Ending a tenancy agreement (Scotland)

My student daughter and her friends rent a flat in Edinburgh. They were under the impression that they could end their tenancy at any time by giving at least 28 days notice – which does seem to be the general rule. They’ve written to the landlord to give notice of their intention to move out at the end of May. He’s replied and told them that they’ve already given notice to leave on 30th June, and referred them to a document signed by one of them (on behalf of them all) to that effect dated July 2020 – ie he got them to give almost 12 months notice at the start of their tenancy.

If you’ve given notice once, does that stop you doing so again (where you still give at least 28 days)? They evidently didn’t think that by signing that document last year that they’d forfeit their right to give 28 days notice now. Have they just been a bit naive or is the landlord acting unlawfully?

take it they never read the tenancy doc? My son certainly never read his to my annoyance.

Seem to recall his flat rental in Edinburgh was an annual renewal tenancy.

<edit found his agreement>

Guessing it was annual as it would be easier to bump up rent

I doubt it! If it’s legit then I’ll just tell her to suck it up and read the paperwork next time. If the landlord’s taking the piss then I’ll tell her so. Maybe this is an accepted strategy so the landlord knows when to start advertising for new tenants?

How long ago was that? Notice period of 28 days was brought in in Dec 2017.

Here’s the landlord’s response…

Good afternoon,

I noticed you referred to your formal notice to leave a few weeks ago. In fact you have already given your notice to leave for the end of June 2021. A copy of this notice is shown in your flat user manual, section 9. Usually kept in the hall by the main door.

I understand James has already referred you to the government’s guidance for private tenancies. As regards advice you will recall that at signing I explained, and we agreed in our lease section 19 (also shown in the user manual Annex A) that I cannot be responsible for advising you. Beyond my duty of care which is to refer you to the Government’s statutory guidance on private residential tenancies. Some of these are also copied into the flat user manual, section 5.

However, in recognition of the fact that you wish to move on earlier we have been offering earlier tenancies for your flat and will advise if we have any option to do so.

Hope that helps,

xxxxx xxxxxxxx

Tenency Agreements in Scotland changed a few years ago so unless you’re already in an older agreement there aren’t ‘fixed term’ tendencies anymore. Landlords have to give much longer notice if they want tenants to leave but tenants have a much simpler process for giving notice to leave….. that’s unless you have agreed otherwise “after the start of the tenancy”

So if someone in the household has signed something agreeing to a fixed term or a period of notice then it would seem that when they signed that matters.

2015, My son never read or if he did he never fully understood the annual tenancy as he was almost out on his arse as he only twigged when people were asking to view the flat he was in.

Did she or you read the tenancy agreement? From what the landlord is saying the agreement is in flat for all to ignore.

unless you have agreed otherwise “after the start of the tenancy”

5 days in by the look of it.

Did she or you read the tenancy agreement? From what the landlord is saying the agreement is in flat for all to ignore.

Not this time. Her previous one I read from cover to cover because I was her guarantor. This one didn’t require guarantors so I left her to it – in any case, what her friends confidently say about how the world works trumps any advice I give 😀

I’m inclined to think he’s ok to do what he’s doing, he’s been an excellent landlord in every other respect.

Hope that helps,

xxxxx xxxxxxxx

Why so many kisses? Seems quite unprofessional.

He’s an x landlord.

Must be an Edinburgh thing 🤷🏻‍♂️

Not sure the landlord has this quite right. I can check with my brother who manages property if you like (not scum, knows his stuff). If this went to safe deposits for arbitration (landlord keeps deposit in lieu of rent for eg) they will probably find against landlord as he has clearly asked for a document to be signed that should be instigated by the renter and asked for it at the start of the tenancy not at a point in time that relates more reasonably to a renter deciding to move on (ie closer to the date of exit).

Edit:
So apparently she should be able to change the date if private residential agreement. Little bro is considering whether the landlord is entitled to request a letter for exit at start of tenancy.

If you don’t mind that would be great, thanks.

There’s also a bit on the ScotGov website that says one joint tenant can’t give notice by themselves, all tenants have to sign it. Their one has just the “lead” tenants signature.

@thegreatape
For clarity here’s the question I put to him

If someone landlord asked for a notice to quit at the start of a tenancy would that be legal?

Ie asked a renter to sign a letter giving notice for a date 10months in the future within days of the lease starting

And could the renter then give notice again with an earlier date?

And here is his response (with the caveat of he hasn’t seen the lease/ but does have a law degree/ experience)

Interesting situation. The answer to the latter question should be yes if you are taking about a Private Residential Tenancy.
The former question I’d need to look into.
It is a Private Residential Tenancy yeah?

Edit because there’s more:
Ok so I would say that as long as it is clear that both landlord and tenant agree to the termination of the lease on a certain date then that is legal regardless of what the notice periods are in the lease or the statutory notice periods.
And
Ok so you’d need to check the terms of the lease i.e. whether the tenants share joint and several liability

Cheers. It must be a PRT, it only started in July 2020

Sounds like it will come down to who could agree and did they know. If it was clear and the right people agreed then the date can’t be changed.

And another edit:
He has however flagged that all joint tenants need to agree – as you spotted higher up.

It is a joint and several agreement, according to the tenancy agreement.

And thanks to your brother and yourself 👍🏼

CAB say you can revoke the original notice up until the 28 day period anyway: https://www.citizensadvice.org.uk/scotland/housing/renting-a-home-s/ending-a-tenancy/leaving-a-tenancy/
so issuing a new notice appears to be the equivalent to revoking and reissuing.

I am a ‘ll in England, that once only notice 12 months in advance looks like an unfair term to me. Ianal but my contracts were rewritten to be fair to both parties.

When I have a tenant wanting early surrender we agree to tenant underwriting rent to end of period, we market the place, relet it, tenant pays remarketing fees. Actually with tenant fees ban I cannot charge them now so I ‘ll have to rethink.

It’s gone to the courts where a tenant signs a 1 year fix and wants to break it, the landlord has no obligation to accept.

Strange, if I ever wanted a flat back mid fixed term, the tenant would be kicking up a stink wanting compensation.

Thanks poly, I’ve passed that on as well.

Poolman – it looks like fixed term residential tenancies are a thing of the past in Scotland. They have no end date and can be terminated with 28 days notice by the tenant or 1, 3 or 6 months notice by the landlord depending on what the reason is.

Try contacting her Students Union, they should have some sort of accommodation advice service. Edinburgh University SA

I’ve sent that link on as well, thanks. It’s far easier to ask dad though, cos he knows the answer to everything 😀