PART 5Termination

CHAPTER 2Termination by tenant

48Tenant's ability to bring tenancy to an end

(1)

A tenant may bring to an end a tenancy which is a private residential tenancy by giving the landlord a notice which fulfils the requirements described in section 49.

(2)

A tenancy comes to an end in accordance with subsection (1) on the day on which the notice states (in whatever terms) that it is to come to an end.

(3)

But a tenancy does not come to an end in accordance with subsection (1) if—

(a)

before the day mentioned in subsection (2), the tenant makes a request to the landlord to continue the tenancy after that day, and

(b)

the landlord agrees to the request.

(4)

In subsections (1) and (3), in a case where two or more persons jointly are the landlord under the tenancy, references to the landlord are to any of those persons.

F148APre-notice to be given to other joint tenants

(1)

Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless—

(a)

that tenant has given every other joint tenant and the landlord under the tenancy a pre-notice—

(i)

at least 2 months (the “minimum period of pre-notice”), but no more than 3 months (the “maximum period of pre-notice”), before the day on which the notice is given under section 48(1),

(ii)

that fulfils the requirements described in subsection (3), and

(b)

the notice under section 48(1) is accompanied by—

(i)

a statement that a pre-notice has been given to every other joint tenant in accordance with this section, and

(ii)

such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations,

(c)

within a period of 7 days beginning with the day on which the notice under section 48(1) is given to the landlord, the joint tenant—

(i)

has given every other joint tenant a copy of the notice, and

(ii)

has given the landlord—

(A)

a statement that a copy of the notice has been given by the joint tenant to every other joint tenant, and

(B)

such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations.

(2)

Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together.

(3)

A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it—

(a)

is in writing,

(b)

states that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1),

(c)

fulfils any other requirements prescribed by the Scottish Ministers in regulations.

(4)

Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence—

(a)

includes information specified in the regulations,

(b)

is in a form specified in the regulations,

(c)

is given in a manner specified in the regulations.

(5)

The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary—

(a)

the minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months,

(b)

the maximum period of pre-notice for the time being specified in that sub-paragraph.

(6)

The Scottish Ministers may by regulations modify paragraph (c) of subsection (1) so as to vary the period for the time being specified in that paragraph.

(7)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers—

(a)

must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and

(b)

may consult any other person they consider appropriate.

(8)

In this section—

“joint tenant” is to be construed in accordance with section 48(3C),

“landlord” is to be construed in accordance with section 48(4).

49Requirements for notice to be given by tenant

(1)

A notice fulfils the requirements referred to in section 48(1) if—

(a)

it is given—

(i)

freely and without coercion of any kind,

(ii)

after the tenant begins occupying the let property,

(b)

it is in writing, and

(c)

it states as the day on which the tenancy is to end a day that is after the last day of the minimum notice period.

(2)

A notice is to be regarded as fulfilling the requirements referred to in section 48(1), despite its not complying with the requirement described by subsection (1)(c), if the landlord agrees in writing to the tenancy ending on the day stated in the notice.

(3)

In subsection (1)(c), “the minimum notice period” means a period which—

(a)

begins on the day the notice is received by the landlord, and

(b)

ends on the day falling—

(i)

such number of days after it begins as the landlord and tenant have validly agreed between them, or

(ii)

if there is no such valid agreement, 28 days after it begins.

(4)

An agreement as to the number of days after which a minimum notice period ends is invalid for the purpose of subsection (3)(b)(i) if the agreement—

(a)

is not in writing, or

(b)

was entered into before the tenancy became a private residential tenancy.

(5)

In a case where two or more persons jointly are the landlord under the tenancy, references in this section to the landlord are to any one of those persons.