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Regulated or assured

Regulated or assured

Postby theycantdothat » Mon Feb 20, 2017 9:52 am

If there is a dispute as to when a residential tenancy began and accordingly whether it is regulated or assured, on whom is the obligation to prove it one way or the other?
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Re: Regulated or assured

Postby atticus » Mon Feb 20, 2017 10:19 am

Isn't the burden of proof on the person seeking to prove the thing?
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Re: Regulated or assured

Postby diy » Mon Feb 20, 2017 11:47 am

Even if the exact date is disputed, is there anything to suggest it predated 15 January 1989?

I'm guessing that somebody is relying on terms or rights that exist in one and not the other? Ultimately they'll need to go to court for a ruling and the court will decide.

have you read this?
https://www.gov.uk/government/uploads/s ... 138295.pdf
My suggestions are not legal advice
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Re: Regulated or assured

Postby theycantdothat » Mon Feb 20, 2017 12:38 pm

atticus wrote:Isn't the burden of proof on the person seeking to prove the thing?


Is it the claimant in an action who is "seeking to prove the thing?"
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Re: Regulated or assured

Postby atticus » Mon Feb 20, 2017 12:59 pm

I do not know the background to your question, although you did refer to a dispute.

However, when a person makes an assertion, if that assertion is not immediately accepted, it is usually appropriate to ask the basis on which it is made.
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Re: Regulated or assured

Postby theycantdothat » Mon Feb 20, 2017 2:24 pm

This is the problem:

A is a tenant.

B is his landlord who has served a section 13 notice to increase the rent.

A says to B, "I have a regulated tenancy."

B says to A, "Prove it."

Put that way, it is A who is making the assertion. Does he have to prove it?

It could have have happened this way:

A is a tenant.

B is his landlord who has served a section 13 notice to increase the rent.

A asks B, "On what basis have you served the notice?"

B replies, "You have an assured tenancy."

A says, "Prove it."

Put that way, it is B who is making the assertion. Does he have to prove it?

But I doubt that that is the right way to analyse the problem. Is it not B who is making the assertion, that is that the tenancy is assured, by serving the section 13 notice?
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Re: Regulated or assured

Postby atticus » Mon Feb 20, 2017 2:46 pm

Isn't the answer not to waste time discussing burden of proof, but for T to get advice. If having done so he disagrees with L, he can say so and why he says so.
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Re: Regulated or assured

Postby blig » Mon Feb 20, 2017 10:34 pm

Easier just to look up whether the rent is regulated or not. Have a look here: https://www.gov.uk/check-register-rents
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Re: Regulated or assured

Postby theycantdothat » Tue Feb 21, 2017 10:02 am

atticus wrote:Isn't the answer not to waste time discussing burden of proof, but for T to get advice. If having done so he disagrees with L, he can say so and why he says so.


Well, yes, but it would be nice to know what the position is.
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Re: Regulated or assured

Postby dls » Tue Feb 21, 2017 12:13 pm

Somebody must have an idea of when the occupancy commenced.

The landlord either owned it then or bought it from someone else - in which case the PEs on the conveyance should answer the question.

Similarly the tenant either lived there at a certain time,or claims to have succeeded toa tenancy - if there ha been a succession willthat not leave some impression of the basis of the tenancy.

In those days was there not a need for a rent book stating the basis of the tenancy. Can any now be found.
It is for the landlord to prove his right to serve a particular notice which requires a particular status, but if he brings evidence, it behoves the tenant to prove his own assertion as to the status of the tenancy.
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