Converting Assured Tenancy To AST

[jghomer]

I have just purchased a block of flats and discovered that one tenant is an assured tenant by virtue of the fact that the original Section 21 was incorrectly completed way back in 1992! The S21 was signed by the tenant before the tenancy period commenced but AFTER the date of the tenancy agreement.

I recently asked him to complete Statutory Instrument 1997 Number 194 Form 8 which is clearly entitled 'Tenants notice proposing that an assured tenancy be replaced by an assured shorthold tenancy'. Which he did.

I have today been advised by Derbyshire Housing Aid that this statutory instrument only applies to tenancies after Feb 1997. This is confusing because all tenancies after this date are AST anyway, unless a notice is given to state otherwise. They are claiming that the form is only usable for Assured Tenancies set up after this date where notice has been given that the tenancy is NOT a shorthold. It seems ridiculous and I believe they are wrong as I cannot find any wording on the form, or in the housing act which specifies a different form must be used for Pre Feb 1997 Assured Tenancies.

Somebody please help!

[Paul_f]

Unless a S.20 Notice was served on the tenant before he took up occupation I'm afraid he definitely has an Assured Tenancy which you will not be able to change. This requirement was disposed of in February 1997 as you correctly point out.

There is no requirement for a tenant to "sign" a S.21 Notice (or a S.20) but the landlord or his agent should do so, and I think what you refer to is the above S.20 notice - the S.21 is a "Notice of Possession". It MUST have been served before the tenant signed the tenancy agreement otherwise he did not have an AST.

You're stuck with him I'm afraid and will not be able to evict him other than under a breach of S.8 Grounds through the court, and that will be extremely unlikely.

Serving a statutory instrument notice will have no effect. Mistakes are often made at the outset and you often have to live with them

[jghomer]

Yes I did mean S20 Notice. Finger Trouble!