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Hope someone can help me with this. I moved into a private let property in August 2009, when I moved in the tenancy was for 1 year and it required that I give 2 months notice before I could move out. Since then I have never had a new tenancy agreement to sign.

I am now in a position to buy my own house and was under the impression that I only have to give 1 months notice as I thought the contract would now become a periodic tenancy. However the agent from the letting agency was on the phone yesterday to arrange a time to come out and inspect the property and she said "it's actually two months notice that you have to give according to your contract, I'll check with your landlord to see if they are happy to accept one months notice".

Is this true? Am I still required to give 2 months notice even though I haven't signed a new contract for years? Not sure if it makes a difference or not, but the property is in Scotland.

Hope someone can help.

Thanks

Alex

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  • What does your lease say about what happens at the end of the year? Does it explicitly say it becomes a month-to-month tenancy, or does it say it renews for another year, for examples?
    – WBT
    Feb 4, 2016 at 1:25
  • It certainly makes a difference that the property is in Scotland. These kinds of details vary widely from one jurisdiction to the next.
    – phoog
    Feb 5, 2016 at 6:00

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Based on http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy your lease may contain a provision that the 12 month period automatically restarts, if so the notice is what is says; 2 months. If not, the notice period depends on the original length of the lease; for you 40 days.

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