In trouble..

alwaysinamess

I know I should never let this happen but..

I fell behind on my rent after no work coming in and all my saving been used, I owed 2 month as of now, but as I could see no work was coming I intedned to end my tenancy move in with family and try and get this mess sorted. I was given a section 21 notice to leave by next Friday (19th) before I had chance to hand mine.

I currently owe £1000 (2 months rent) inc this months rent.

whilst I appreciate I shouldn't have fallen behind... I'm trying my best to pay it back.

from checking on these forum posts I've since found out that she never paid my deposit into a protected scheme and therefore my section 21 is invalid. So I've asked her can she use the deposit as 1 months rent and I will be able to borrow the remaining £500 on the 26th of March from family.

I will be moving out on the date she said but I ve now had a letter saying she will be making a court order against me for the owed rent if I don't pay it by the 19th.

shes due to inspect the property but i have no inventory and I'm afraid she'll add more money on to what I owe, even though theres only basic wear and tear from a years worth of living

Can she still do this if I only owe 1 month? and I've promised to pay on the 26th. (My family said they may be able to get it to me sooner but not before the 19th)

poppysarah

In theory you could get 3X the deposit for her not putting it in a scheme...

chappers

The section 21 is invalid and therefore not enforceable through the courts, there is no inventory so she will struggle to claim anything back from the unprotected deposit

BitterAndTwisted

She can issue what court summonses she likes as she's paying for them but the only important thing for you is what arrears, if any, are outstanding at the court-date. It sounds to me that there won't be any by then, so there's nothing for you to worry about on that score.

What you need to do in the meantime is to do your level best to get the property back to the same condition it was at the start of your tenancy. That there was no inventory and the deposit also wasn't lodged in one of the tenancy-protection schemes means that your landlady will be in a very weak position indeed to prove that any damage whatsoever was a consequence of your tenancy, so you should stop worrying about that, too. It's an offense not to protect the deposit, as you'll probably be aware if you've been searching through this forum.

alwaysinamess

I've been apologetic as possible, as I can see her point with no rent paid, I'm offering to pay but I just can't do it to her timescale. Where does she stand if I have to leave a day later (I will be able to borrow my boses van) on the Saturday to help me move out.

I don't want to aggravate the situation with me threatening tit-for-tat, but thanks for the info.

edit:

My family has also said not to hand over cash on the day as you can't guaranty that they've had it and they want to put the money in my account so I can pay it to the Landlords account by DD. so I have proof of the last payment.

BitterAndTwisted

Your family have given you good advice about paying her the money and I would follow it. Do not worry about moving out a day later, her Section 21 is invalid so she cannot compel you to leave at all at the moment , never mind a day after the date she's chosen for you. WRITE TO HER and send the letter by Record Delivery noting what payments she will receive and when and also point out to her that her Section 21 is invalid and why. You can give her the date you wish to vacate and also give her the opportunity to carry out a check-out inspection and to return the keys. Keep a copy of your letter for future reference.

alwaysinamess

thanks you've put me at ease

Fire_Fox

If you are going to claim that the landlord's S21 is invalid (which I agree it is) then your tenancy is still in place - that means you need to submit your one month notice to quit to be released from the tenancy. If you do not do this you will still be liable for the rent until such time as the tenancy is formally terminated.

snapping_crocodile

I think in the letter you also need to explain that she is breaking the law by not having your deposit in a protection scheme, and that you are intending to issue court proceedings against her to reclaim 3x your deposit

clivejohnson

snapping_crocodile wrote: »

I think in the letter you also need to explain that she is breaking the law by not having your deposit in a protection scheme, and that you are intending to issue court proceedings against her to reclaim 3x your deposit

was just going to say the same! I live in rented acommodation and after we gave notice of intending to leave, the LA did the check out and i got a a really !!!!!! phone call from her tellimng me the flat was in an apalling state, and that it was going to cost £250 to put things right. So i said "OK thats what the £785 deosit is for! Stop your whinging!" after stumbling on her words she hung up!

Best bit was she had to write another £50 cheque as it cost less than she thought!
Oh how i would love to have been there! lol

FTR, i totally agree with the others, your section 21 is not worth the papr its written on, and like the poster above ask her why she didnt take a deposit and hold it in a deposit scheme:-)

chappers

Just to check when (dd/mm/yyyy) did your tenancy start.
If you wish to leave I would write to her explaining that her notice to quit is invalid as she hasn't protected your deposit and that you suggest a date suitable to yourself , as a day on which to dissolve the contract by mutual consent (include some form of statement to that effect that you both can sign and date).
I would also point out to her that as the deposit isn't protected and there is no inventory that you will be expecting you full deposit back on the day you leave the property.
If she isn't agreeable to that then you will have to do as Firefox says and give your 1 months notice.