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Does anyone know about this in Scots law? We're moving out of this shop, checked the lease and no notice period mentioned, so as soon as the lease in the new shop was sorted I wrote to the landlords of the old shop to tell them we were leaving.
Now, a couple of weeks later, the letting agents have phoned and said that the letter I sent is "not valid under Scots law" - they won't say any more, but looking into it I guess they're relying on the tacit relocation thing.
So, basically, is there any way of getting out of it?
Thanks...
7 odd years since I looked at it, but that sounds about right, if you've not served notice correctly.
They do have a duty to make reasonable efforts to let it.
Hmm, that's a PITA - no mention of it in the lease.
Doesn't need to be IIRC, its a default.
This is the bit where I wonder if getting proper legal advice 12 years ago, instead of asking my neighbour who's a lawyer but not a property lawyer, would have been a good idea 😉
It won't be. It is perhaps easier to digest if you think of it as a concept which covers the situation where landlord and tenant don't follow what they've agreed in the lease.
The bottom answer here is interesting:
http://www.justanswer.com/scottish-law/5rxdp-scottish-law-run-end-lease-public.html
I'm planning to leave by the termination date.
Speak to a lawyer.
Get a 2nd opinion, not sure if Scotch law/leases are different, but there may also be dilapidations issues (reinstating, redecorating), as well as giving the correct notice, keeps layers and surveyors in jobs...