Out on my ear after 25 years

Reply to the comment left by "Gillian Schifreen " at "09/05/2015 - 10:49":

Hi Gillian

Yes, it is called a Deed of Assurance, please see >>> http://www.property118.com/deed-of-assurance-1/32440/
.

Is it possible your landlord has passed away?

I would urge all tenants, and landlords, to ensure that anything agreed is IN WRITING however informal it may be eg landlord agrees a tenant may decorate a room, or tenants offers to transform an overgrown garden etc. This makes everything easier and clear to both parties at the end of the tenancy as both parties can gather together the tenancy agreement, inventory and any other issues raised, fixed, repaired and agreed upon during the tenancy for an efficient check out and return of the tenants deposit.

Reply to the comment left by "Puzzler " at "09/05/2015 - 12:45":

He has not passed away no .

Reply to the comment left by "Paul Franklin" at "08/05/2015 - 10:52":

Paul
After reading your comments a couple of times i went away and had a good old rumage....
From 1990 until 1993 my rent agreement says AST ....but then the agreement in 1994 says that i have been servd a notice called a section 20
Is this the notice i should have been given before my tenancy began inm1990?
Confused ....and if so what should i do .....?

Yes, this is the notice that should have been served from the very start.

I would suggest that you firstly write to the landlord's solicitor and cc in your landlord. Advise that you believe you hav an assured (non shorthold) tenancy as no section 20 notice was served along with your initial tenancy in 1990.

Ask the soliciotrs to provide evidence that your tenancy is infact an assured shorthold (you may have lost/mislaid the relevant paperwork for example). Keep a copy of the letter you send for your own records.

In any case, if you choose to remain in the property after the s21 notice expires your landlord is required to apply to court for a possession order. At this point you will have the opportunity to raise a defence. You can provide the evidence you have that indicate that your tenancy is assured and not shorthold. If the landlord is not successful in obtaining a possession order (i.e. the judge agrees that it is not a shorthold tenancy and so a s21 notice cannot be used) you will not be liable for any court costs.

Otherwise, if we are wrong and the judge awards a possession order you will be asked to pay the £280.00 court fee.

I suggest you write to the landlord and his solicitor first and clairify the position. Shelter's advice would probably also be helpful to you.

With regards to your "am i just delaying the inevitable" comment. No. If you have an assured tenancy you can only be evicted by way of a section 8 notice when certain grounds are met. Those grounds are typically rent arrears or anti social behaviour. So if you are a good tenant it would be very difficult to evict you.

Thank you Paul
I have written to both The landlord and their solicitor via email and have attached the section 20 notice which is clearly dated 1994
Will let you know of the outcome.

Thanks Nicola, I think it's in everyone's interest to get this issue cleared up before the notice expires and your landlord is applying for a possession order. It may save your landlord and/or you both time and money to get it sorted before getting to that stage.

Reply to the comment left by "nicola wilkins" at "13/05/2015 - 22:43":

Hi Nicola

Telling the solicitor that you have a section 20 notice from 1994 is relatively meaningless.

The point is that you don't have one from the start of your tenancy and unless the solicitor can prove that a section 20 notice was issued at that point then you have an Assured Tenancy (not an AST), which in turn would mean that the section 21 notice that you've been given is not valid.
.

Reply to the comment left by "Paul Franklin" at "14/05/2015 - 09:33":

I certaintly hope so ....
Thank you