Ending a Short Assured Tenancy Agreement in Scotland: A Guide
If you are a landlord or a tenant in Scotland, it is important to understand how to end a Short Assured Tenancy (SAT) agreement. A SAT agreement is a type of tenancy agreement that provides a tenant with a minimum of 6 months` security of tenure. It is the most commonly used tenancy agreement in Scotland.
There are several ways to end a SAT agreement in Scotland, and the process will depend on whether the tenant or the landlord is terminating the tenancy.
Ending by Tenant
If the tenant wants to end the tenancy, the following steps must be taken:
1. Provide Notice
The tenant must provide a written notice to the landlord at least 28 days before the agreed date of termination. The notice must be in writing and can be sent by email or post. The notice should include the tenant`s name, the address of the property, and the date on which the tenancy will end.
2. Check the Terms of the Agreement
The tenant should also check the terms of the agreement to ensure that they are complying with all the requirements, such as returning the keys to the landlord and leaving the property in good condition.
3. Inspect the Property
Before leaving the property, the tenant should conduct an inspection to ensure that everything is in good condition and any damage caused must be rectified by the tenant.
Ending by Landlord
If the landlord wants to end the tenancy, there are two ways to do so:
1. No Grounds Notice
If the landlord does not have a particular reason for ending the tenancy, they can provide a `no grounds` notice to the tenant. This notice must be in writing, and the tenant must be given at least 28 days’ notice period. At the end of the notice period, the tenancy will end.
2. Grounds for Eviction
If the landlord has a reason for ending the tenancy, they must provide a notice that specifies the ground for eviction under the Housing (Scotland) Act 1988. There are 18 grounds for eviction, such as rent arrears, breach of tenancy agreement, and antisocial behaviour.
If the landlord provides a notice due to rent arrears, the tenant has the option to pay off the arrears and remain in the property. However, if the tenant has breached the tenancy agreement or engaged in antisocial behaviour, the landlord can apply to the court for an eviction order.
In conclusion, ending a Short Assured Tenancy Agreement in Scotland can be done efficiently if the necessary steps are followed. Both landlords and tenants should be aware of their rights and obligations to avoid any legal complications. It is advisable to seek legal advice if there are any uncertainties regarding the termination process.