Which possession proceedings?

Question:

Is the tenancy an assured tenancy?

This will normally be the case if

• your tenants first went into the property between 15 January 1989 and 28 February 1997, AND
• you failed to serve a section 20 notice on the tenants at least one day before they signed the first tenancy agreement, and/or
• The fixed term was less than six months or had a break clause which allowed you to end the tenancy during the first six months

Or also if (where the tenancy started between 15/01/1989 and 28/02/1997)

• you gave the section 20 notice to the tenants on the same day or after the first tenancy agreement was signed, or
• if you have lost the section 20 notice or are not able to prove that it was served (perhaps because the person who served it is no longer available to give evidence),

as you will not be able to prove that the tenancy is an AST.  In which case it will have to be treated as if it were an assured tenancy.  For more information about whether a tenancy is an assured or an assured shorthold tenancy, see our (members only)  article.

If you have followed the  tenancy trail but are still not sure whether you have an assured tenancy or not, you should use our  telephone advice service.

Otherwise, click Yes if you have an assured tenancy or No if you do not.