Deposit not protected and served s21 wrongfully

jmm1979

Hi Guys,

I have gone through couple of thread , it has really helped me to enrich by knowledge. I still want to put down my case - as I am very new in any such circumstance.

My Tenancy started on 01st July 2007 for 6 Months duration. It was Renewed again on 01st Jan 2008 and 01st July 2008. Last month in month of Aug I came to know abt the TDS and asked my Agent abt my Deposit....He has given me Section 21 Notice(Delivered -BY HAND) to vacate the flat in month Of Oct....The notice given to me does not contain any notes regarding section 21 and is just a 2 line notice on the Solicito's letter head.

Interesting Story Starts here ..................................

I enquired in all the 3 TDS and found my Deposit has not been protected...Apparently I read the laws related to TDS on internet and found that Section 21 Notice can't be served when deposit has not been protected. I called up the solicitor through Whom this notice was served - to enquire abt the Notice and at that instance the Solicitor company did not have any clue of who has served the notice and on further investigation they came back to me apologising and stating that - one of their junior clerk has issued the letter on their LetterHead (UNOfficially) without any section-21 notes attached to it and this notice is not valid and infact this notice has been served without notifying any of the senior members . Also, the signature in that Notice is dummy and holds no importance.....The solicitors have sacked their Juniour Employee and have told me they are investigating.

This notice was given to my by hand by my Agent, so this notice was prepared by the Junior Trainee of the Solicitor in coordination with my Agent.

I had a discussion with Agent and he has accepted he has not protected the Deposit(verbally - Deposit is also not protected for other people staying in the same building) and wants to settle the things amicably with me . For out of court settlement I asked him to pay the Deposit and 2 Months rent for not protecting my deposit. He agreed to pay But is now coming up with new stories everyday and so I want to go ahead with court case.

Now since I have come to know abt all this , my agent is saying ...stories abt the misunderstanding and asked me to stay in the property.......... I don't want to stay in property and have found the property to be moved in next month.


My Worries/Questions are :
1) Inorder to go ahead with court case , I will have to follow up the Basic procedure. But by the time I will I will be in middle of this process , I would actually vacate the property next month and i think agent will return the deposit, Can I still go to the court for Harassement by giving the dummy notice of S21 to vacate the flat and Deposit not being protecting under the TDS.

2) Since I will be vacating the property 10 days before the date mentioned in dummy Section-21 Notice , Should I still give 1 months Notice ?

3)Should I give the last month Rent to my agent Or should I hold it?..I think I should pay and should go ahead with right path.

4) I have read the wordings to be put in the Claim form from one of the Posting...but in my case , there are 3 things :
a) Deposit not protected - so 3X claim
b) Harasmment by giving dummy section -21 Notice.
c) Unlawful eviction from property - supported by Dummy section 21 notice. ( I have not received in writing either by Solicitor or by my Agent that this notice is not valid.)

Should I mention all the three things in my claim.

Any other suggestions on how to proceed......frankly speaking this dummy section-21 caused lot of touble to me and I want to take action against these guys. Please help and advice!!!!

Premier_2

jmm1979 wrote:

...I have gone through couple of thread , it has really helped me to enrich by knowledge...

:rotfl: :rotfl: :rotfl:

Great post!

It just goes to show how much nonsense is posted on this forum at times and where it isn't plain nonsense could be misleading to others seeking advice. Remember, think of posts in the same way as something you may have overheard in the pub.

Probably a good example to others that before anyone wastes their hard earned cash pursuing legal action, they would be well advised to seek independant legal advice. The local CAB is usually able to provide a list of local solicitors who'll happily provide a free initial interview who'll usually be able to advise on the likely success of any proposed action.

tbs624

If you don’t already have your LLs name and address, write to the LA asking for it - they have to comply with a written request for this info within 21 days whilst you are a tenant. This info may be useful if you have further difficulties. Some LLs are not fully aware of what their LA does in their name.

However, IMO:

yes, you should give your 1 month’s notice. You know that the S21 is invalid.

yes, you should pay your last month’s rent to not do so would be a breach of your contractual obligations and could land you in the county court.

You say that you think the LA will return your deposit.

If your LA does return your deposit, you are unlikely to get a 3x payout , based on the judgements from some of the cases that have been through the courts up until now.

Maybe you could write to your LA now & tell him that he should have registered your deposit under the requirements of the Housing Act 2004, and provided you with the “prescribed information” on the scheme but you are aware that he has not done so. Request that he either returns your deposit to you in full or registers it immediately. (He can apparently do just this prior to any court hearing, and effectively defeat a court action for the “3x” penalty )
Getting your deposit back is what counts. Keep a copy of your letter.

I think you’d be wasting your time trying to pursue unlawful eviction/harassment issues simply because you had been served an invalid S21. However, any tenant who wants to know what is, and isn’t, capable of being construed as harassment etc should contact Community Legal Services 0845 345 4 345 or Shelter 0808 800 444

On a more general level, if you are concerned about the conduct of the solicitors involved make a complaint to the Law Society.

If the LA is a member of ARLA, NALs, or OEA scheme then make a formal complaint there and let the Council’s Private Sector Rentals Team know that this firm failed to register your deposit so that they have a record of who is not complying within their area.

Write one letter to Shelter, copy it to your MP, and the Housing Minister to let them know your experience of how the new legislation is still failing to adequately protect tenancy deposits as it was intended to do.

clutton_2

i would pay teh rent and then wait and see if you get your deposit back - if you dont then take then to court for the full 3 times the original deposit and any other financial loss you have occured - you may have been annoyed by the illegal Section 21 - but what financial loss did you incur because of it ? The judge will see the attempt at breaking the law by the agent and will probably rule in your favour - BUT there is no guarantee as there have only been a few court cases around lack of deposit lodgment. go to https://www.landlordzone.co.uk to read up on some of them

tbs624

clutton wrote: »

... the illegal Section 21 ..

?? *invalid* rather than illegal??

Guy_Montag

I thought the minimum period of an AST was 6 months, therefore a s21 issued for any time before then would automatically be invalid. Likewise for the OP to give one month's notice during the period 1st July 2008 - 1st December 2008 would equally be invalid.

Anyway - first off, as suggested above get your landlord's address; then take him to court for deposit x 3; then give your notice. That would be my choice.

clutton_2

a Section 21 can be served any time during a tenancy as long as it says that possession is required AFTER the end of the fixed term