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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I have been in my property years since 1995. I had

Resolved Question:

I have been in my property for 20 years since 1995. I had an assured tenancy. In 2003 my landlord renewed my tenancy agreement to an assured shorthold agreement which was not made clear to me. Do i have any rights to revert to my assured tenancy
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
As an existing assured tenant, the landlord cannot replace your tenancy
with a shorthold tenancy unless you agree that he or she can.
In order to accept a replacement tenancy on a shorthold basis, you would have to sign and give to the the landlord notice on a special form that you want a replacement shorthold tenancy. The form is called Tenant’s notice proposing that an Assured Tenancy be replaced by an Assured Shorthold Tenancy.
If yo didn't sign one of these then your tenancy will still be an assured tenancy with all superior protection that provides.
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 792
Experience: Experienced solicitor
LondonlawyerJ and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the bottom of my heart. I can't tell you what this news means to me.

Just to clarify . . .. This form should have been presented to me to sign in 2003 before being presented with the assured shorthold tenancy agreement which I signed in ignorance. I was not informed it was a different type of tenancy.

Is this correct. Can you send me a link to this form. Should I now see a solicitor and get a renewed assured tenancy? very best regards

Expert:  LondonlawyerJ replied 1 year ago.
Yes it should, simply signing a document described as an assured shorthold tenancy does not make you an assured shorthold tenant.
Here is a link chrome-extension://bpmcpldpdmajfigpchkicefoigmkfalc/views/app.html
As a matter of law you don't need to do anything to renew your assured tenancy it exists whatever the landlord thinks. Whether you want to tell him is a matter for you. You could see a solicitor and they could write to the landlord informing him of the fact, or you could write yourself or you can do nothing and keep the information to yourself. I strongly suspect that your landlord knows anyway.
Customer: replied 1 year ago.

If he knows he is not letting on because yesterday he arrived by appointment with me and said he thinks I will have to vacate as he wants to turn the flat into bedsits! After 20 years. At the moment I have not laid my hands on the original tenancy agreement. Hopefully i will find it - its from 20 years ago. What is the situation if I cannot find it do you think. So appreciate your invaluable advice. Didn't sleep last night!

Customer: replied 1 year ago.


you replied




Hello i did not receive an answer to my response to you on 16 July 2015 07:39EST (see below)





My landlord visited me and said he thinks I will have to vacate as he wants to turn the flat into bedsits! After 20 years. At the moment I have not laid my hands on the original assured tenancy agreement. Hopefully i will find it - its from 20 years ago. What is the situation if I cannot find it do you think. I have read that in 1995 the tennancy agreement would have been an 'assured tenancy' unlless I was issued with a notice to say it was an assured shorthold tenancy. Is this correct. Also if it was already an assured shorthold tenancy he would not have had to issue me with this type of tenancy agreement in 2003. Look forward to your response. Your help has been invaluable. Susanne


Expert:  LondonlawyerJ replied 1 year ago.
What you have read is correct. If you can not find the original tenancy agreement then your landlord will need to prove it is an AST and he will need to get the tenancy agreement and the notice. Even if the tenancy is described as an AST if there is no notice it is not an AST.
Your comment about the 2003 agreement is sensible.
Customer: replied 1 year ago.

Thank you for your swift response. Would the notice have needed to be signed by me. I have no recollection of this. Is the notice called legally the 'Form 8'. This is what I have read. Thank you again. Susanne

Expert:  LondonlawyerJ replied 1 year ago.
I don't think you have to sign the form. The rules setting out what must be in the notice are set out in "Assured tenancies and agricultural occupancies forms regulations 1988" but I am finding it very hard to find these regulations.
Customer: replied 1 year ago.

Ok thank you,

Going to a housing advice place this afternoon with letter I've written to landlord.

Thank you so much for your help. Is there a way I can speak with you specifically further down the line if necessary?

Just want to say that the service you have offered has been excellent.

warm regards

Susanne

Expert:  LondonlawyerJ replied 1 year ago.
Thankyou for that Susanne. If you need to ask me more questions then you can make the question specifically for me when you post it.
Customer: replied 1 year ago.

AtCustomer - is that right.

Warm regards

Susanne

Expert:  LondonlawyerJ replied 1 year ago.
I hope your meeting with the Housing adviser goes well.

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