Notice Periods

17 May 2016

The private residential rental market is strong just now.

The standard of accommodation is now higher than ever and the demand too. It allows people to move freely without huge financial commitment. The down side is that it is rented accommodation and the landlord could decide to ask for the property back for a variety of different reasons; to sell; to move into; for family members; for upgrading work. This is a risk of rented accommodation but there is a set notice period that must be given.

Notice Period required on Private Rental Properties

All leases can have slight variations and very much depend on the wording within them however it is law that tenants must be given as minimum 2 months’ notice. There are several things a tenant should take into consideration at this point:

Must I leave on this exact date? Can I leave earlier?

The answer is maybe. If we assume that most often the Landlord will ask for vacant possession then a NTQ (Notice to Quit) along with a section 33 must be served. Dependent on the wording of the lease, you may find that the NTQ is earlier than the section 33 and should this be the case then you as tenant could leave anytime from the NTQ date until the end date of the Sec 33.

t may also be worth looking at whether you can hand in notice should you wish to leave earlier and a call to your letting agent will confirm your options. It should also be worth noting that there are 2 methods to serve these notices. The most common is be sheriff officers.

Don’t be alarmed at this; it is standard procedure. The other is to serve by recorded delivery however the former would be Fineholms’ preferred and recommended method.

What should I do if I have been served notice?

Fineholm will try and speak with you to advise that the notice will be served and will also be able to try and help find alternative accommodation if required. Start acting straight away in order that there is not rush and you have time to find alternative accommodation within the 2 month time frame.