We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Help Landlord issued Section 21 Notice
Options
Comments
-
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 meansBank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100 -
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
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.0 -
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.
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.Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100 -
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 - LOL2010 - year of the troll
Niddy - Over & Out :wave:
0 -
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
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
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
0 -
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/2010 - year of the troll
Niddy - Over & Out :wave:
0 -
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?2010 - year of the troll
Niddy - Over & Out :wave:
0 -
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
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
0 -
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?Sanctions for non-complianceAll 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.
(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.
(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.0 -
See the Housing Act 2004 S215Sanctions for non-complianceAll 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.
(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.
(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.;);)
Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.8K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards