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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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is there any way i can find out if my landlord has a section

Resolved Question:

is there any way i can find out if my landlord has a section 20 as i have never had a contract or any other documents from him
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I think you mean a section 21
Alex Watts : This is a notice that would be served upon you.
Alex Watts : But if there was a section 20 notice you would know about it as you would have a copy.
Alex Watts : Can I clarify anything else for you today?
Customer:

is there a difference between section 20 0r 21, i have spoken to shelter today and they have said i'm an assured tenant what is the difference between this and a protected or regulated tenant which in my last question to yourself that was what you said i was.

Alex Watts : Yes there is.
Alex Watts : There is nothing like a bit of history to bring out the big guns. Prior to 28 February 1997 a landlord wishing to create an assured shorthold tenancy was required to serve a notice under s20 of the Housing Act 1988 before the tenancy was entered into. If the notice was not properly served the tenancy could not be an assured shorthold. It became an ordinary assured tenancy. The problem is that whenever legislation requires service of a notice mistakes are bound to be made. Indeed, many mistakes were made in respect of s20 notices and many junior barristers paid for their holidays by challenging them in possession claims.
Alex Watts : Therefore you should sit tight
Alex Watts : You are in a strong position as you have been there so long
Alex Watts : Can I clarify anything else for you?
Customer:

so at this point is there no way of knowing if i'm assured, protected or regulated ?

Alex Watts : Sadly not.
Alex Watts : I know it's not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything else for you?
Alex Watts : .
Customer:

how will i be able to find this out, as from what i can see there is a difference.

Alex Watts : Write to the landlord and ask
Alex Watts : If he refuses you could issue proceedings and get a court order making him show you
Alex Watts : Does that help a.
Customer:

not really what i want to do, shelter have advised me to do nothing at the moment and to say nothing to him, if both yourself and shelter are saying that i should be in a strong position then i guess i should not be worrying at this point

Customer:

could you clarify the difference between the assured and the protected tenacy

Alex Watts : I would agree at this point.
Alex Watts : Assured please see http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies
Alex Watts : Protected please see http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies
Alex Watts : Does that clarify?
Customer:

its all very confusing as to know which 1 i have

Alex Watts : Indeed.
Alex Watts : I would advise sit tight and don't do anything.
Customer:

thank you i shall look again at the site although i think you have told me as much as i can find out at this point

Alex Watts : Sadly yes.
Alex Watts : Once against if I could invite you to rate my service and if the system won't let you, please do say.
Alex Watts : If you need further help please click reply.
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