Date lodged: 29 January 2018
To ask the Scottish Government what legal certainty exists under the Private Housing (Tenancies) (Scotland) Act 2016, where a landlord agrees a date on which the tenant wishes to leave in advance of formal statutory notice being given.
Answered by: Kevin Stewart 1 February 2018
Notice to end a private residential tenancy (PRT) must be given in writing. A PRT cannot be brought to an end by the landlord, tenant, nor any agreement between them except in accordance with Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016. Therefore, any verbal agreement between the landlord and tenant requires to be followed up by the tenant giving notice under section 48 of the 2016 Act.