Help Landlord issued Section 21 Notice

Innocent_Guy

Sparky67 wrote: »

Just had a quick look at the Tenancy - the Landlord cannot get you out before the 12 month period unless you are at fault. He could issue a Section 8 Notice to get an eviction through the court after 6 months, but you would have to have broken the agreement (eg anti-social behaviour, rent arrears, trashing the place etc etc).

You are in more difficulty if it is repossessed as that does change things slightly, but the Court would still have to be involved.

It mentions you have paid a deposit, but nothing about the required information under the Tenancy Deposit Scheme. Unless you have been given that in another document, then your Landlord is on a bit of a stickly wicket.

Hi Sparky,

Thanks for the support.

No rent arrears, no antisocial behaviour. We have had nothing about the TDS. TBH I don't even know what it means

tbs624

Innocent_Guy wrote: »

No rent arrears, no antisocial behaviour. We have had nothing about the TDS. TBH I don't even know what it means

Your LL is *legally obliged*to have registered your deposit with one of three schemes and to have given you specific "prescribed" info on the scheme. Both of these should have been done within 14 days of the LL actually receiving your deposit.

If the LL has failed to comply you can apply to the county court and request that the LL is ordered to either repay your deposit in full or scheme register it immediately and the court should also order a penalty payment of 3x the deposit amount to be made to you from the LL. .(Unfortunately, there has been mixed success with getting the 3x penalty payment if the LL pays back or registers the deposit immediately prior to the hearing.)

However, whilst a tenancy deposit remains unregistered no S21 notice may be validly served.

You should get email confirmation of whether or not it has been registered by following this link to contact all 3 schemes.

Innocent_Guy

tbs624 wrote: »

Your LL is *legally obliged*to have registered your deposit with one of three schemes and to have given you specific "prescribed" info on the scheme. Both of these should have been done within 14 days of the LL actually receiving your deposit.

If the LL has failed to comply you can apply to the county court and request that the LL is ordered to either repay your deposit in full or scheme register it immediately and the court should also order a penalty payment of 3x the deposit amount to be made to you from the LL. .(Unfortunately, there has been mixed success with getting the 3x penalty payment if the LL pays back or registers the deposit immediately prior to the hearing.)

However, whilst a tenancy deposit remains unregistered no S21 notice may be validly served.

You should get email confirmation of whether or not it has been registered by following this link to contact all 3 schemes.

Thanks,

I have had NO notifaction as to the deposit being registered to any of the schemes and would be very shocked if she had done.

This is another thing I will add into my very stern letter.

never-in-doubt

Innocent_Guy wrote: »

Thanks for that it seems she has no right to get me out

Mate she does though, at the end of the day as others are saying she has served you the correct form, yea you're only 6mth into your tenancy so all she'll do is say fine, at the end of November then you're out. At £1200 per month mate i'd be looking to get out anyway - thats attrocious! Are you in a mansion LOL

Seriously though, pointless fighting this because she can and will get you out eventually and if she hasn't bonded your deposit with the appropriate organisation (TDS) then you may not get that back either for playing silly beggars.

Just accept it mate, renting never gives any guarantees and issuing a s21 is the right way to go about things, maybe her only mistake is issuance slightly too early but otherwise i'd start packing...... :j


trouble maker - LOL

robpw2

never-in-doubt wrote: »

Mate she does though, at the end of the day as others are saying she has served you the correct form, yea you're only 6mth into your tenancy so all she'll do is say fine, at the end of November then you're out. At £1200 per month mate i'd be looking to get out anyway - thats attrocious! Are you in a mansion LOL

Seriously though, pointless fighting this because she can and will get you out eventually and if she hasn't bonded your deposit with the appropriate organisation (TDS) then you may not get that back either for playing silly beggars.

Just accept it mate, renting never gives any guarantees and issuing a s21 is the right way to go about things, maybe her only mistake is issuance slightly too early but otherwise i'd start packing...... :j


Josh the trouble maker - LOL

Her mistake is she has broken the law


she has broken the law . by not putting the deposit in the correct scheme so he should fight her .
if she hasnt registered the deposit the section 21 is invalid
so dont just accept

never-in-doubt

Look here mate - this splits the s.21 (a) and s.21 (b)

http://www.propertyinvestmentproject.co.uk/blog/2008/08/27/section-21-notice-of-possession-order-form/

never-in-doubt

robpw2 wrote: »

Her mistake is she has broken the law


she has broken the law . by not putting the deposit in the correct scheme so he should fight her .
if she hasnt registered the deposit the section 21 is invalid
so dont just accept

Yea but not many smaller landlords get done for not using the scheme - she hasn't broken the law as such, she may be able to prove that she has deposited it correctly. This is a different argument and still, all he'll win is his original deposit back.

s.21 has no provision regards to mandatory TDS... can you clarify with links proving such?

robpw2

Not many small landlords get done because no-one fights it
She may have proof she has deposited it correctly but why then has she no passed the information on to the tennant .
With tds you get a log in to their website to check details etc aswell

Im not saying that he should stay in the house after the tenancy has finshed as i would personally want nothing to do witht the ll after this just that he should fight for his rights

tbs624

never-in-doubt wrote: »

Yea but not many smaller landlords get done for not using the scheme - she hasn't broken the law as such, she may be able to prove that she has deposited it correctly. This is a different argument and still, all he'll win is his original deposit back.

s.21 has no provision regards to mandatory TDS... can you clarify with links proving such?

See the Housing Act 2004 S215

Sanctions for non-compliance

(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
(b) the initial requirements of such a scheme (see section 213(4)) have not been complied with in relation to the deposit.

(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.


(3) If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.


(4) In subsection (3) “deposit” has the meaning given by section 213(8).


(5) In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).


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.

All clear now? Several of us have pointed out the fact that a valid S21 may not be served if tenancy deposit not registered /prescribed info not supplied.

Innocent_Guy

tbs624 wrote: »

See the Housing Act 2004 S215

Sanctions for non-compliance

(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
(b) the initial requirements of such a scheme (see section 213(4)) have not been complied with in relation to the deposit.

(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.


(3) If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.


(4) In subsection (3) “deposit” has the meaning given by section 213(8).


(5) In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).


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.

All clear now? Several of us have pointed out the fact that a valid S21 may not be served if tenancy deposit not registered /prescribed info not supplied.

Thanks ;);)