Protected Tenant

red_devil

How can i find out if i am one. I have been in the property as a tenant since 1996?

Thanks.

scottishblondie

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Mr_Pitiful

You don't have a protected tenancy. It'll be either assured or assured shorthold if you're a private tenant in England or Wales.

45002

red_devil wrote: »

How can i find out if i am one. I have been in the property as a tenant since 1996?

Thanks.

If you moved in between 15 January 1989 and 27 February 1997 and No s20 notice was served on you at the start of the tenancy.

You have a Assured Tenancy ?

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

---

If you moved in between 15 January 1989 and 27 February 1997 and a s20 notice was served on you at the start of the Tenancy ?

You have a AST http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

45002

45002 wrote: »

If you moved in between 15 January 1989 and 27 February 1997 and No s20 notice was served on you at the start of the tenancy.

You have a Assured Tenancy ?

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

---

If you moved in between 15 January 1989 and 27 February 1997 and a s20 notice was served on you at the start of the Tenancy ?

You have a AST http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

Forgot to add

red devil

About 3/4 down this page http://www.legislation.gov.uk/uksi/1988/2203/schedules/made

is

FORM No. 7
Housing Act 1988 section 20 Notice of an Assured Shorthold Tenancy

Was one of theses notices served on you when the tenancy 1st started ?

tim123456789

45002 wrote: »

Forgot to add


FORM No. 7
Housing Act 1988 section 20 Notice of an Assured Shorthold Tenancy

Was one of theses notices served on you when the tenancy 1st started ?

and it needs to have been "correctly" served (which many were not),

and the LL has to be able to prove that it was served (aka he needs to be able to produce his counter-signed copy), which I suspect, most can't

tim

red_devil

tim123456789 wrote: »

and it needs to have been "correctly" served (which many were not),

and the LL has to be able to prove that it was served (aka he needs to be able to produce his counter-signed copy), which I suspect, most can't

tim

what happens if they cant.

G_M

tim123456789 wrote: »

and it needs to have been "correctly" served (which many were not),

and the LL has to be able to prove that it was served (aka he needs to be able to produce his counter-signed copy), which I suspect, most can't

tim

Was it not normal practice back then for the form to be annexed as part of the Tenancy Agreement, which would have been dual-signed?

tim123456789

G_M wrote: »

Was it not normal practice back then for the form to be annexed as part of the Tenancy Agreement, which would have been dual-signed?

no, because it has to be served before the rest of the terms are agreed, and the evidence has to show that it was served before.

Sticking it as an annex would suggests, to me, that it was served at the same time, which would make it invalid.

Of course ICBW

tim123456789

red_devil wrote: »

what happens if they cant.

it's assumed not to have been served

45002

red_devil wrote: »

what happens if they cant.

red devil

It's up to the LL prove in court that a s20 was served and correctly at the start of your tenancy in 1996 ?

If LL cannot prove this,you will have a Assured tenancy http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

which is more difficult to gain a possession order !