Notice given a question

red_devil

ive got it to hand now. Its a notice requiring possession Section 21 4a and its a periodic assured shorthold tenancy thanks.

theartfullodger

red_devil wrote: »

ive got it to hand now. Its a notice requiring possession Section 21 4a and its a periodic assured shorthold tenancy thanks.

Thanks! I repeat, please,

theartfullodger wrote: »

...You don;t recall being served an s20 before you 1st moved in??

Call Shelter, please, 0808 800 4444.

Discuss with Shelter if you have an "assured tenancy" (any s21 is not valid - I suspect you do have an assured tenancy) or an "assured shorthold tenancy" (S21 might be valid).


Assuming you do have an Assured tenancy you will need to challenge this when the court write to you in about 2 months, and the court should then chuck the case out, but check with Shelter.


Best regards

red_devil

yes assured shorthold I expect the agency has done it correctly. They were rubbish at doing repairs and maintenance but when it comes to the notice I expect they are right.


when do you start applying for the deposit back. I believe its protected but I'm going to check also can any rent arrears be taken out of the deposit??? Thanks.

theartfullodger

Do you mean you were served an s20 notice before moving in & your original tenancy was an assured shorthold tenancy?? Please check the documents - we don't want you losing your home!

Just because the s21 says "assured shorthold tenancy" doesn't mean that's what you've got!

GwylimT

red_devil wrote: »

yes assured shorthold I expect the agency has done it correctly. They were rubbish at doing repairs and maintenance but when it comes to the notice I expect they are right.


when do you start applying for the deposit back. I believe its protected but I'm going to check also can any rent arrears be taken out of the deposit??? Thanks.

Are you in rent arrears? If so how many montha do you owe?

Out,_Vile_Jelly

red_devil wrote: »

I thought the same just say thanks for your letter and how disgusted I am that after being your tenant for 20 years you couldn't treat me better.

I think you're over-reacting by calling it "disgusting"- it's professional to have formal procedures in writing. Whether what they've written is correct or not is the important point going forward- you've been advised several times to contact Shelter with your dates and details, as it's crucial to establish your type of tenancy.

Guest101

red_devil wrote: »

yes assured shorthold I expect the agency has done it correctly. They were rubbish at doing repairs and maintenance but when it comes to the notice I expect they are right.


when do you start applying for the deposit back. I believe its protected but I'm going to check also can any rent arrears be taken out of the deposit??? Thanks.

Please read this carefully.


Despite any paperwork you have and whatever it says - you could have an assured tenancy (it cant be taken away just by the LL at anytime)


You need to check with shelter what you have. Do not just accept that it's an AST.


Agents 1: Lie and 2: are notoriously bad. don't assume anything.

silvercar

Can you make it clear, you are saying that the notice to quit is a section 21. We understand that. The big question is whether the original tenancy was an AST.

It is possible that they are trying to evict you as if you have an AST, but if you actually have an assured tenancy you have far more rights.

Due to the date you started the tenancy, it is highly likely that you don't have an AST and have a far superior tenancy. The letting agent could be using the modern S21 notice to quit, either because they are trying to get you to believe that it is correct or because they are unaware that you have an assured tenancy.

red_devil

Out,_Vile_Jelly wrote: »

I think you're over-reacting by calling it "disgusting"- it's professional to have formal procedures in writing. Whether what they've written is correct or not is the important point going forward- you've been advised several times to contact Shelter with your dates and details, as it's crucial to establish your type of tenancy.

its not disgusting it would have been courteous to speak face to face with a long term tenant and give a reason. Not just to shove a note through the door.

red_devil

silvercar wrote: »

Can you make it clear, you are saying that the notice to quit is a section 21. We understand that. The big question is whether the original tenancy was an AST.

It is possible that they are trying to evict you as if you have an AST, but if you actually have an assured tenancy you have far more rights.

Due to the date you started the tenancy, it is highly likely that you don't have an AST and have a far superior tenancy. The letting agent could be using the modern S21 notice to quit, either because they are trying to get you to believe that it is correct or because they are unaware that you have an assured tenancy.

thanks it was 96 when I moved in so I cant remember but will try and look the document out and come back.