Question

Landlord Wants Tenant to Leave (England) | Types of Tenancies (England)

assured tenancy

30 Oct 2016 | 1 comment

Tenancy was taken out 5th April 1995, does this mean only section 8 can be used? plus i recall that if the agreement has a clause in it, or a section something or other, then you can serve s21?

Answer

1 Comment

  1. guildy

    You are correct that the dates of between 1989 and 1997 are important. From early 1997 onwards, most tenancies are assured shorthold tenancies by default.

    Between 1989 and 1997, a section 20 notice was required to be signed before the tenancy was granted. This was a special prescribed notice explaining to the tenant that the tenancy would not be assured but assured shorthold instead. The tenancy also had to be a minimum of 6 months during these dates.

    If the section 20 notice not given, the default position during those dates is that it would be an assured tenancy. As a result, no section 21 notice can ever be served. However, a section 8 can be served on one of the 17 grounds assuming any apply.

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