Possesion Order Question

helpneeded2017 · 22 July 2017 at 9:43AM

Hiya,

Further updates on this,

We did as suggested and he submitted the letter to the court with the letter from the LL stating he would ignore the court order and a payment plan ( as the other property fell through - not down to him I must say but the tenants in the property wanting to remain ), he has since had a new job on better pay and maintained the payment plan

He got a letter saying a new court date of August 1st has been set after he sent the letter

Today he has received a letter from the court saying that on July 11th District Judge it is ordered that " Adjourn generally with liberty to restore, if not restored by December 31st then the claim be struck out"

Am I right in suggesting that that means as long as he maintains the agreement submitted to the court he will be fine and does not need to go on August 1st?- will get him to call on Monday to make sure

On a separate point the LL has cancelled the deposit protection on June 31st - he has email from TDS to confirm it- should he be letting the TDS know he is still living there and it should be protected

He is still looking to move btw but at least if I am correct it will give him some breathing space to find somewhere

GrumpyDil · 22 July 2017 at 12:48PM

Ok. That means the existing section 8 procedure is suspended as long as he keeps to his payment plan etc.

I'm not sure how the landlord could cancel the deposit as my experience is that it needs both parties to agree to release it so I would check exactly what the email says.

Also has he also received a S21 notice which is a straightforward notice that the landlord wants a property back and two months after service the landlord can apply for accelerated possession. As long as all paperwork is up to date there is no defence for a properly served S21.

And it's a little bit unclear but has your brother ever served his own notice as I recall that being mentioned and that would bring a whole extra lots of problems if he then fails to move out.

helpneeded2017 · 22 July 2017 at 1:44PM

Hi thanks for the reply,

No he has not served notice his end thankfully and he has not had a section 21 either,

I have just called my brother and asked for the exact wording and it says

"We have been informed by your letting agent or landlord, that the tenancy deposit registered with TDS relating to your tenancy at .......... , has been removed from our database.

This means that unless you tell us within 30 days of the date of this email that you consider that the protection should not have been ended, we will remove your protection."

So I will get him to let them know he is still in the property

tranmereforever · 22 July 2017 at 9:26PM

Somebody with better knowledge will know for sure but I thought a section 21 could not be served while deposit is unprotected so landlord may be shooting himself in foot as until he does again he cannot issue it - again I may be very wrong on this

G_M · 22 July 2017 at 9:48PM

tranmereforever wrote: »

Somebody with better knowledge will know for sure but I thought a section 21 could not be served while deposit is unprotected so landlord may be shooting himself in foot as until he does again he cannot issue it - again I may be very wrong on this

You're right - unless of course the LL returns the deposit to the tenant when it is released from the scheme.

But the tenant's real issue is not a uture S21 Notice, but re-actition of the S8 if the payment plan is nt kept to. The deposit won't affect that.

The arrears must be paid off.

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Possesion Order Question

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