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Is my notice to quit invalid?

(9 Posts)
annrkey28 Sun 06-Mar-16 20:51:45

My landlord is selling my house and has served me a notice to quit. He gave me until the 23rd of March to vacate. The problem is I have had this checked by a solicitor and informed me that it states a tenancy types that I do not have ( it is for a short assured tenancy while I have an assured tenancy) and he think that renders the notice to quit invalid.

Is it invalid?. Is my tenancy under threat? What happens on March the 24th comes around and I haven't vacated the premises?

lalalonglegs Sun 06-Mar-16 20:57:38

I'd guess your solicitor knows what s/he is talking about but it would be very unusual to have an assured tenancy and not an assured shorthold tenancy in England and Wales. When did the LL serve notice? If you are on a periodic tenancy then it would have to be two months before the date he wishes you to leave and would have to be in the form of a Section 21 notice. If you paid a deposit then that would have to be appropriately protected in order for the S21 to be valid and, if there are gas appliances, he would need a current gas safety certificate as well, I believe.

lalalonglegs Sun 06-Mar-16 21:03:07

If he has served the correct notices and you are on an AST, then the LL has the right to start court eviction proceedings after 24/3. It will take several weeks to get a court hearing and, if successful, it will then take several more weeks to get a bailiff if you wish to hang on right until the end. If you are on an assured tenancy of several years duration, it might be best to get your solicitor to write to your LL explaining your rights first.

annrkey28 Sun 06-Mar-16 21:04:11

My LL served the section 33 (Scotland) at the end of January. I signed my tenancy 8 years ago and that was it. Paid all rent due since then....

lalalonglegs Sun 06-Mar-16 21:09:32

Things are a bit different in Scotland but, as your solicitor seems to think you have a right to stay, it might be a good idea to get him or her to write to the LL explaining why.

Kirriemuir Sun 06-Mar-16 21:13:01

Do you or do you not have an AT5?

annrkey28 Sun 06-Mar-16 21:23:21

I do not have a AT5.

caroldecker Sun 06-Mar-16 21:40:44

try here

annrkey28 Sun 06-Mar-16 21:42:58

^ thanks

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