Scot_Landlord
31st July 2010, 22:42
Scottish Short Assured Tenancy Agreement
I have a flat in Scotland that has been rented out since April 2009 on a Short Assured Tenancy. An AT5 was served at the time. The rental agreement was written using a standard online "Lawpacks" SAT agreement for a period of 12 months, thereby ending April 2010.
The tenant wanted to stay on in the flat past April. A schedule of repair works was due and has recently been completed with the developer - all of which was scheduled much in advance and all agreed with the tenant.
My understanding at the time, April, was that the contract would roll forward on a monthly basis. The plan was to sort out a new contract once the repair work had been done.
Having since done some more research into this, I now have a couple of queries I'm hoping to receive some advice on:
1. If the agreement says "for a period of 12 months" (and doesn't reference monthly thereafter or include any reference to post the 12 months), what is the current position in terms of this contract? Has the contract automatically renewed for the same period - 12 months? or has it rolled onto a month x month or 2 monthly basis?
The rent is currently significantly below market value and I would like to make some increase to it (costs are rising significantly as well as income being lower).
2. If the answer to 1 is "automatically renewed for 12 months", how much notice do I have to give for a rent increase?
3. if the answer to 1 is "month x month", how much notice do I have to give for a rent increase?
4. Can I service a notice to quit to terminate the current contract, with 2 months notice, and offer a new / replacement contract to start in 2 months time at a higher rate?
5. In the current circumstances, if I want to ask the tenant to leave, how much notice am I required to serve.
Your advices are much appreciated. Many thanks.
I have a flat in Scotland that has been rented out since April 2009 on a Short Assured Tenancy. An AT5 was served at the time. The rental agreement was written using a standard online "Lawpacks" SAT agreement for a period of 12 months, thereby ending April 2010.
The tenant wanted to stay on in the flat past April. A schedule of repair works was due and has recently been completed with the developer - all of which was scheduled much in advance and all agreed with the tenant.
My understanding at the time, April, was that the contract would roll forward on a monthly basis. The plan was to sort out a new contract once the repair work had been done.
Having since done some more research into this, I now have a couple of queries I'm hoping to receive some advice on:
1. If the agreement says "for a period of 12 months" (and doesn't reference monthly thereafter or include any reference to post the 12 months), what is the current position in terms of this contract? Has the contract automatically renewed for the same period - 12 months? or has it rolled onto a month x month or 2 monthly basis?
The rent is currently significantly below market value and I would like to make some increase to it (costs are rising significantly as well as income being lower).
2. If the answer to 1 is "automatically renewed for 12 months", how much notice do I have to give for a rent increase?
3. if the answer to 1 is "month x month", how much notice do I have to give for a rent increase?
4. Can I service a notice to quit to terminate the current contract, with 2 months notice, and offer a new / replacement contract to start in 2 months time at a higher rate?
5. In the current circumstances, if I want to ask the tenant to leave, how much notice am I required to serve.
Your advices are much appreciated. Many thanks.