What is a notice to leave in Scotland?
A notice to leave is the formal, written notice you (the tenant) must give to your landlord to end your tenancy. Forgetting to provide this, or not giving the correct notice period, could mean you're still liable to pay rent even after you've moved out.
The rules are different depending on your tenancy type. Most new tenancies starting on or after 1 December 2017 are private residential tenancies (PRTs). If your tenancy started before this date, you likely have an assured tenancy or short assured tenancy, which follow different rules. Ask a lawyer about these.
How much notice does a tenant have to give?
For the vast majority of tenancies, the rules are very straightforward.
If you have a private residential tenancy, you must give your landlord at least 28 days' written notice. The notice must state the date you plan to leave the property (known as the termination date).
You and your landlord can agree to a different notice period, provided it is in writing. This agreement can only be made after you've already started living in the property, and it must be given freely and without coercion (eg your landlord isn’t allowed to pressure you into accepting a different notice period).
If your landlord put a notice period longer than 28 days into your original Tenancy agreement (before you moved in), that clause is invalid. The standard 28-day notice period will still apply.
Can I give less than 28 days' notice?
If you want to move out sooner, you can ask your landlord to agree to a shorter notice period. Explain your circumstances and tell them when you need to move.
It's crucial to get any agreement in writing to avoid misunderstandings.
If your landlord doesn't agree, you'll have to pay rent until the end of your notice period, even if you move out earlier. If you don't pay, your landlord can deduct the unpaid rent from your deposit or take legal action to claim it from you.
What if I change my mind after giving notice?
If you give your landlord notice but then change your mind before it ends, you can ask them to continue the tenancy instead. It's up to your landlord to decide whether to agree.
What happens in a joint tenancy?
If you're a joint tenant (meaning you and at least one other person signed the same Tenancy agreement and are all equally responsible) on a PRT, any notice to leave must be given by all of the tenants. One joint tenant cannot end the tenancy on behalf of everyone else.
If you're the only joint tenant who wants to leave, you cannot give your own notice. Instead, you can ask your landlord's permission to sign your part of the tenancy over to the remaining tenants or to a new tenant.
What are the rules for subtenants?
A subtenant is someone who is legally renting the property from a landlord who is themselves a tenant (known as the 'head tenant'). The head tenant must have permission from their landlord (the 'head landlord') to sublet the property
What happens if the main tenancy ends?
If your landlord (ie the head tenant) is being evicted, your right to stay depends on the situation.
If your landlord had the head landlord's permission to sublet, you may be able to stay in the property. You'll usually become the direct tenant of the head landlord, and your tenancy should continue on the same terms (eg the same rent and deposit).
You could be evicted if the head tenant:
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didn't have permission to sublet
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is being evicted because of your behaviour
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is being evicted because the head landlord needs the property back
Notice from the head landlord
If the head landlord is ending the head tenant's tenancy and this also affects you, they must give you a sub-tenancy notice to leave. This notice must include a copy of the notice they gave the head tenant.
The notice period the head landlord must give you is:
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28 days if you've lived in the property for six months or less
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84 days if you've lived in the property for more than six months
What if a tenant leaves without giving notice?
Leaving a property before your tenancy has officially ended and without giving notice is known as tenant abandonment.
If you abandon the property, you're still responsible for paying the rent until the tenancy is properly ended. Your landlord can take steps to recover any rent arrears and other costs from you.
For more information, read Tenant abandonment in Scotland.
If you need to leave your tenancy, you must provide your landlord with the correct written notice. Do not hesitate to Ask a lawyer if you have any questions about your specific situation.
