Ancient Notices and their Absence

Problems still arise with tenancies granted before 1997 when the landlord had to serve a notice on the tenant advising him that the tenancy was to be an assured shorthold tenancy. If the notice was not served before the start of the tenancy, then the tenancy was an assured tenancy (not an assured shorthold tenancy) and it would be difficult, and maybe impossible, for the landlord to evict the tenant if he ever wanted to do so.

Another case about these notices came before the Court of Appeal recently. A licensed conveyancer was dealing with the tenancy agreement for the tenant. The landlord served the notice on the licensed conveyancer. Later, when the landlord wanted to evict the tenant, the tenant said that the notice had not been served on him; service on the licensed conveyancer was not good enough. In addition, he said that he had been given the keys and had gone into possession before the notice was served and before the tenancy agreement had been signed.

The Court decided that, on the facts, the tenant going into possession did not create a tenancy. It also decided that the notice was served on the tenant prior to the tenancy agreement and that service on the licensed conveyancer was good enough. Accordingly, the landlord was given possession but, of course, at a price. He had the trouble and the expense of bringing proceedings in the county court and then on appeal to the District Judge and the Court of Appeal. The report says the tenant is seeking leave to appeal to the House of Lords. It is just as well the law has been changed but it underlines how important it is, if you have pre-1997 tenancy agreements, that all your paperwork is in order.

If you have a problem and think we might be able to help
phone Martin Follett on 01872 260 744
or email martin.follett@follettstock.co.uk