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Landlord is threatening to take out the shower?
Comments
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if the deposit is not lodged a landlord cannot issue a Section 210
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Polka Dot - this is what S215 of the Housing Act 2004 says :
(1)If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when—(a)the deposit is not being held in accordance with an authorised scheme, or(2)If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.
(b)the initial requirements of such a scheme (see section 213(4)) have not been complied with in relation to the deposit.
This second part is referring to the “prescribed information”, so my interpretation of that would be that a LL who hasn’t registered the deposit, or fulfilled all the requirements of that registration, including giving the tenant all the necessary details, cannot issue a S21 whilst the situation remains that way. If the LL did try to issue a S21 under these circumstances your friend should seek legal advice straight away, via Shelter, local Cab or solicitor or talk to the private rentals officer at the local Council.
And whilst I understand what you're saying,obtaining a 3 x payment shouldn't be seen as money-grabbing, it's what a tenant is entitled to if the LL doesn't comply with the law (along with repayt of the original amount or it being paid into a scheme pronto)
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Thank you, tbs624-I read up on landlordzone but we still couldnt find a steady answer, I think this works. We just didnt want to be yelled at for wanting it to be about money:)0
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