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Notice given a question

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  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Before responding to the agent/LL, read everything posted here VERY carefully. Do nothing in haste, say nothing should you see someone, take everything very slowly. Your immediate reaction is understandable, but it does appear a if you have a winning hand. That winning hand is yours to lose at a stroke by doing or saying the wrong thing.

    Read what is written by the wise folk here. Contact Shelter. Ignore the Agent and Landlord for the moment, even if they visit...
  • red_devil
    red_devil Posts: 10,793 Forumite
    will do.:T
    :footie:
  • GobbledyGook
    GobbledyGook Posts: 2,195 Forumite
    Please listen to all the advice. And do not assume the lettings agent are doing things right - they often don't. You may very well have a tenancy type that none of them at the LA have dealt with.

    And to give an example of why you shouldn't assume the LA are doing things right - my lettings agent once tried to evict me... I was the landlord not the tenant. They get things wrong.
  • red_devil
    red_devil Posts: 10,793 Forumite
    ok I have found my document I was given now in 96. it was an assured shorthold tenancy.

    please advise now.

    also agency emailed to ask have I received the notice.
    :footie:
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • tealady
    tealady Posts: 3,850 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    And to give an example of why you shouldn't assume the LA are doing things right - my lettings agent once tried to evict me... I was the landlord not the tenant. They get things wrong.

    Classic!!!!! :rotfl:
    Find out who you are and do that on purpose (thanks to Owain Wyn Jones quoting Dolly Parton)
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    red_devil wrote: »
    ok I have found my document I was given now in 96. it was an assured shorthold tenancy.

    please advise now.

    also agency emailed to ask have I received the notice.

    You have only answered half of the question. Pre-97 an AST would not be valid unless a s20 notice was served. Without a s20 it would revert to being an AT.

    Hence Artful's question remains to be answered ....
    Is there any evidence a s20 was served?
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 29 May 2016 at 6:44PM
    red devil

    It is important you find out about a s20 notice been served on you or not

    Assured Tenancy ?
    you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (section 20) saying that you have an assured shorthold tenancy
    http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

    If a section 20 notice was Not issued at the start of the tenancy, LL cant evict using a s21.

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

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

    If one of theses notices was served on tenant when the tenancy 1st started and LL would have to prove this in court, then they can use a s21.

    http://www.legislation.gov.uk/ukpga/1988/50/section/20


    1988 Housing act
    Section 20
    (2)
    (b) is served before the assured tenancy is entered into
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
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