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Section 21 have you got the letter?

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  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    franklee wrote: »
    Nope, the title on the tenancy agreement doesn't define what it is. To be an AST the OP's landlord needed to have served a section 20 notice. Now we have asked the OP if that was done but either they do not know or do not want to post it in public. So as I said the OP should ask the likes of Shelter for advice. What I would not do in the OP's shoes is let a possible assured tenancy go without having checked it wasn't one.

    Ah, right. Thanks for the clarification. :)

    It's a shame the OP isn't a little more forthcoming. I don't think they realise that we're trying to help them and that the questions asked are to enable them to get the best outcome.
    Hey ho.
  • red_devil
    red_devil Posts: 10,793 Forumite
    I have the info here and its an agreement.

    landlord name then underneath my name etc.
    it says the tenancy granted under this agreement is a assured shorthold tenancy under section 20 of the housing act 1988., a notice for the purposes of section 20(2) of that act having given by the landlord to the tenant on the seventh day of August 1996.

    Thanks.
    :footie:
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks OP, hopefully that should help those with more knowledge than me.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    red_devil wrote: »
    I have the info here and its an agreement.

    landlord name then underneath my name etc.
    it says the tenancy granted under this agreement is a assured shorthold tenancy under section 20 of the housing act 1988., a notice for the purposes of section 20(2) of that act having given by the landlord to the tenant on the seventh day of August 1996.

    Thanks.
    Right. So were you given that section 20 notice it says you were given? Maybe it's in the tenancy agreement or maybe separate.

    The section 20 notice is a prescribed form. It's FORM No. 7, Housing Act 1988 section 20, Notice of an Assured Shorthold Tenancy. For what it should contain see this link and scroll down to form 7:

    http://legislation.data.gov.uk/uksi/1988/2203/made/data.htm?wrap=true

    Does what you were given have all that information?

    Also section 20 needed to be served on you by the landlord before the tenancy was entered into. Did that happen.

    Given the landlord had to get the above details right I'd still suggest you ask Shelter to check the details for you. If you've kept your tenancy agreement and other paperwork and the section 20 isn't there then the onus is on the landlord to prove he served it on you.
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