Assured Shorthold/ Standard Assured/ other tenancies?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Assured Shorthold/ Standard Assured/ other tenancies?

    Hi

    I could do with some advice please on where I stand in relation to a tenant who has occupied a property since 1995.

    The tenant moved into the property on a 6 months agreement from 25th September 1995. I have a copy of the tenancy agreement and also the Section 20 notice which was served at the time telling the tenant that the tenancy would be an AST.

    Since then the tenant has entered into the following agreements:
    • 12 months from 20th August 1996
    • 12 months from 19th August 1997
    • 12 months from 19th August 1998
    • 12 months from 19th July 1999


    I have only ever served one S20 notice at the start of the tenancy. When the agreement was renewed in 1996 should I have also served another S20 notice? By not doing so have I created an Assured Tenancy or is it the case that because I served a S20 notice on day one that the subsequent tenancies are AST's?

    Thanks

    #2
    Someone like Jeffrrey will correct me with the exact formailities, but the tenancies 1996+ will be ASTs unless you served a notice on the T advising them that it is an assured tenancy, or if you agreed in the tenancy agreement that it would be an AT.

    Comment


      #3
      Thanks for your reply. I thought it was the other way round though? I thought tenancies prior to Februrary 1997 are AT unless you served a S20 notice specifing it was an AST?

      Comment


        #4
        Originally posted by dominic View Post
        Someone like Jeffr...ey
        Sadly, there's no-one quite like him (or should that be "There's no-one who quite likes him"?)
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by dominic View Post
          Someone like Jeffrrey will correct me with the exact formailities, but the tenancies 1996+ will be ASTs unless you served a notice on the T advising them that it is an assured tenancy, or if you agreed in the tenancy agreement that it would be an AT.
          Originally posted by settloe_99 View Post
          Thanks for your reply. I thought it was the other way round though? I thought tenancies prior to Februrary 1997 are AT unless you served a S20 notice specifing it was an AST?
          Yes. What dominic meant was the tenancies on or after 28 Feb. 1997 will be ASTs unless...
          If a pre-28 Feb. 1997 AST (i.e. preceded by a s.20 Notice) is renewed after that date, the renewal is deemed an AST: s.20(4) says so.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Thanks for comfirming that Jeffrey!

            Comment


              #7
              Assured Shorthold/ Standard Assured/ other tenancies?

              I see several references to different types of tenancy agreements. If the document if just called Tenancy Agreement how do you determine which type of law it falls under? Was a self-renewing on monthly basis until notice is served?

              Any clarification appreciated.

              Thanks

              Comment


                #8
                The starting point is to ensure that the tenant is actually a tenant and not a lodger.

                Once you have confirmed that you need to check the date they moved in.

                Prior to 15/01/1989 = Rent Act 1977 tenancy

                After 15/01/1989 = Assured tenancy, or assured shorthold

                You will need to check the relevant Act to see exactly what type of tenancy is in existence. Bear in mind there are a number of exceptions which could alter the basis on which a tenant occupies
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                Comment


                  #9
                  Originally posted by Paul Gibbs View Post
                  After 15/01/1989 = Assured tenancy, or assured shorthold
                  Better:
                  "On and after 15/01/1989 = Assured tenancy (if it's T's only/main residence PLUS none of Schedule 1 to the Act applies).
                  There are two types of AT:
                  - AST (Assured Shorthold Tenancy)
                  - SAT (Standard Assured Tenancy).
                  As to which is created, this depends entirely on the parties. See Schedule 2A to the Act."
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Difference: Assured Shorthold and Standard Assured

                    Trying to sort out conflicking advise im getting regarding tenancy agreements

                    Please can somone advise what is the differance beween std assured tenancy and an Assured tenancy or AST

                    any help will be good

                    thanks

                    Comment


                      #11
                      Originally posted by koicarp View Post
                      Trying to sort out conflicking advise im getting regarding tenancy agreements

                      Please can somone advise what is the differance beween std assured tenancy and an Assured tenancy or AST

                      any help will be good

                      thanks
                      Your post has been added to an existing explanatory thread.

                      Comment


                        #12
                        Originally posted by Moderator View Post
                        Your post has been added to an existing explanatory thread.
                        My post #9 explains. It's important to realise that:
                        a. the law decides whether or nor the Housing Act 1988** applies to a specific letting; whereas
                        b. the parties (L and T) decide whether the letting is switched from being an AST (the default option as from 1997) to being an SAT.

                        ** The Act uses the phrase 'Assured Tenancy' to mean a tenancy to which the Act applies. It's best simply to speak of a '1988 Act Letting'.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X