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s21 notice urgent advice please
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soheluk
Posts: 3 Newbie
Hello All,
I was served with s21 notice by the LL on 14.01. I'm on periodic monthly contract that started from the 1st of January. I was given a receipt of deposit I paid when moved in on 01.07.2007 but never received the prescribed information regarding the deposit protection scheme. I have found a flat and can move out at the end of January and the LL agreed to that and said she would give that in writing but I haven’t received it from the LL yet and she(LL) is not returning my calls.
My first question is: is the sec. 21 valid? Since the LL did not provide the PI regarding DPS?
2nd question: If I move out on the 31st of January will I be liable for rent for February?
3rd question: If I will be liable for the rent for February do I need to give the LL a month notice so that I can move out on the 29th of February.
4th question: When a tenant receives a s21 notice does it mean he must move out at the end of two month or can he move out sooner?
Thanks very much for your advice.
I was served with s21 notice by the LL on 14.01. I'm on periodic monthly contract that started from the 1st of January. I was given a receipt of deposit I paid when moved in on 01.07.2007 but never received the prescribed information regarding the deposit protection scheme. I have found a flat and can move out at the end of January and the LL agreed to that and said she would give that in writing but I haven’t received it from the LL yet and she(LL) is not returning my calls.
My first question is: is the sec. 21 valid? Since the LL did not provide the PI regarding DPS?
2nd question: If I move out on the 31st of January will I be liable for rent for February?
3rd question: If I will be liable for the rent for February do I need to give the LL a month notice so that I can move out on the 29th of February.
4th question: When a tenant receives a s21 notice does it mean he must move out at the end of two month or can he move out sooner?
Thanks very much for your advice.
0
Comments
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An S21 served during a SPT must provide the tenant with 2 months notice ending on a rent day. Therefore an S21 served on 14th Jan' 08 would take effect (in your case) on 1st April 08.
If the deposit is not protected then a landlord cannot serve an S21 or if an S21 is served it is invalid.
If the deposit is not protected the tenant can claim X3 times the deposit as compensation.
Seek immediate legal advice......citizens advice bureax can give advice & legal assistance.0 -
subjecttocontract wrote: »An S21 served during a SPT must provide the tenant with 2 months notice ending on a rent day. Therefore an S21 served on 14th Jan' 08 would take effect (in your case) on 1st April 08.
If the deposit is not protected then a landlord cannot serve an S21 or if an S21 is served it is invalid.
If the deposit is not protected the tenant can claim X3 times the deposit as compensation.
Seek immediate legal advice......citizens advice bureax can give advice & legal assistance.
Thank you for your prompt advice. I knew about that. But can I make the claim after I move out? Any ideas regarding my other questions?
Thank you.0 -
I would follow the advice in the first reply re CAB/advice, but to answer your specific questionsMy first question is: is the sec. 21 valid? Since the LL did not provide the PI regarding DPS?
No - see previous reply
2nd question: If I move out on the 31st of January will I be liable for rent for February?
Yes - unless you agree otherwise with the LL - preferably in writing, otherwise it can't be proven
3rd question: If I will be liable for the rent for February do I need to give the LL a month notice so that I can move out on the 29th of February.
Yes - and the notice must cover the tenancy/rent period i.e. from 1st day in one month to the last day of that month (as you state above - notice given now will run for the month of February)
4th question: When a tenant receives a s21 notice does it mean he must move out at the end of two month or can he move out sooner?
You can only move out sooner with the agreement of the LL - and that agreement, in writing, should also cover what rent you are due to pay. You are liable to pay the rent for the period covered by the original notice, unless the LL agrees otherwise.Warning ..... I'm a peri-menopausal axe-wielding maniac
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Thanks Debt_Free_Chick. I received the letter from the LL confirming that she doesn’t object to my moving out on the 31.01 and I won’t be liable for any rent after that. Now I hope she’ll give the deposit back without hassle.
Do I need to sign and/or get the LL sign anything to confirm that my tenancy has come to an end on the day I move out?
Do I also need to get from her in writing that she’ll return the deposit? And if she gives hassle can I still go to court since she did not provide the PI regarding DPS?
Thanks very much for all your help.0
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