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No deposit in TDS is Notice to Quit valid?
asperni
Posts: 1 Newbie
Hi there, just wondered if there was anyone out there that can help.
Me and my family (me, my husband and 3 children) have rented a lovely house since May 09. We've just been issued notice to quit from the agent as the owner wants to sell (next doors house went on the market a month ago and within 24 hours had an offer). Think the owner has split up with his wife and is now looking for a quick sell..apparently he's living in Oz but the address on the tenancy agreement is his parents address in Cockfosters.
Anyway, we paid a deposit of £1675 straight to the lanlord, I've checked with all the TDP's and none say that it's registered.
Apparently this notice to quit isn't valid....not sure???? Also, the agents have got viewings lined up for next week which !!!!es me off greatly. I know that I could now take to court and sue? But my big problem is that there's no alternative accomation out there, nothhing suitable.
What to do?:(
Many thanks
asperni
Me and my family (me, my husband and 3 children) have rented a lovely house since May 09. We've just been issued notice to quit from the agent as the owner wants to sell (next doors house went on the market a month ago and within 24 hours had an offer). Think the owner has split up with his wife and is now looking for a quick sell..apparently he's living in Oz but the address on the tenancy agreement is his parents address in Cockfosters.
Anyway, we paid a deposit of £1675 straight to the lanlord, I've checked with all the TDP's and none say that it's registered.
Apparently this notice to quit isn't valid....not sure???? Also, the agents have got viewings lined up for next week which !!!!es me off greatly. I know that I could now take to court and sue? But my big problem is that there's no alternative accomation out there, nothhing suitable.
What to do?:(
Many thanks
asperni
0
Comments
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If it is a section 21, it is not valid and you do not have to allow viewings.
However all the landlord has to do once you make him aware of the above is to protect the deposit and reissue the section 21.
You will have to find alternative accommodation eventually.0 -
If you don't want people to view the property while you're living in it, tell the agent that you do not give them permission to enter. You might also want to write to the landlord (at the Cockfosters address) confirming that you do not give permission.
You have the right to "quiet enjoyment" of the property, which basically means that (emergencies aside) you don't have to let anybody in if you don't want to.
Can you prove that the deposit was paid straight to the landlord? If there was no deposit then he doesn't have to protect it; if you can show that you did pay a deposit but he failed to protect it then the notice to quit isn't valid.
However - all the landlord has to do is protect the deposit, then he can issue a valid notice. Ultimately you are going to end up having to move (unless you want to buy the place) so you do need to start looking for a new place. You might be able to drag it out up to another six months if you decide to be difficult and make the landlord obtain a court order to evict you, but I wouldn't recommend that - it would make subsequent landlords rather reluctant to let to you!0 -
It's not a minefield.
Not in the case you present in your OP.
It's very straightforward. And no need for a third party to get involved.
*cough*spam*cough*0 -
I also agree, the above is spam, you don't need any company to help you with this.
If you paid a deposit (you have evidence right?) and it is not protected (there are three schemes and you can ring them all to find out in the space of half an hour max) then the landlord cannot issue you with a Section 21 notice (which is one that seeks to terminate the tenancy on the basis that the fixed period is over and they are giving you contractual notice).
You can spin out eviction for months, but evetually you will have to move on. I would suggest that you use this lever to get a protected deposit however before considering moving out!
If you want to spin it out, it's easy to guide you how to do so but you won't get a reference and it's never nice to live under stress.0 -
out of interest, if her landlord hasnt got the deposit to put in the tds, how would he get her out of the property
just seems odd that he has taken the deposit, not secured it (so presume spent) and now lives in oz...0 -
out of interest, if her landlord hasnt got the deposit to put in the tds, how would he get her out of the property
He would have to try to apply one of the other grounds on which you can evict. Unfortunately for him, the main other ground relies on the tenant not paying the rent, so the tenant could in theory stay more or less indefinitely if they behave.
There are a few other esoteric grounds, google 'section 8 grounds' to get an idea.0 -
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Just dont agree to anything until you have the deposit protected0
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