Are Section 17 notices applicable to residential tenancies?

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    #1

    Are Section 17 notices applicable to residential tenancies?

    LL claims I owe rent for a tenancy which ended three years ago.
    However, Section 17 of Landlord and Tenants (Covenants) Act 1995 says a tenant won't be liable to pay unless the landlord serves them with a notice within six months of the missed payment, stating the charge is due.
    Does this apply to residential tenancies or only commercial tenancies?
    Tags: 1995 act, arrears, rent, section 17, tenancy
    #2
    From a quick read, well yes, but that section doesn't say what you think it says.

    This section applies where a person (“the former tenant”) is as a result of an assignment no longer a tenant under a tenancy but—
    That doesn't say former tenant as a result of the tenancy ending.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Commercial tenancies only as far as I am aware

      Comment

        #4
        Originally posted by Namaste View Post
        Commercial tenancies only as far as I am aware
        "“tenancy” means any lease or other tenancy and includes—

        (a) a sub-tenancy, and

        (b) an agreement for a tenancy,

        but does not include a mortgage term;"

        Nowhere I can see within the Act does it restrict it to non-residential tenancies.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment

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