Real Disaster Urgent Help Needed

hudson101_2

I'm In England (so governed by English Law)

Landlord took deposit out of the DPS in december to help me pay for a months rent till I could get back into employment

Deposit has never been put back we signed a new 6 month agreement on 21 March 2010 for 6 months ending 20 September 2010

We had a previous agreement back in 2008 which was all fine the deposit was protected etc and taken out when I hit bad patch.

Section 21 notice was served on me on the 11th August 2010 requiring possession on 10th November. Spoke to solicitor who advises that LL solicitor has used a covers all wording even though in his opinion I should not have to leave till earliest 20 November 2010 or even possibly sometime in december anyone got any ideas on this what is the situation where we have not got a deposit??

Further to this LL issued a notice "I will be entering the property between 09:00-13:00 hrs on the 20/09/10 notice was given 18/09/10 I emailed LL said that i was refusing entry to cut a long story short her representative let himself in along with 3 police officers all watched by a video van really scarred the sh+++t out of me.

I had asked the police earlier to attend as the LL rep is know to be a trouble causer and they said it was not possiblle as it was a civil matter is it just me or is this double standards. So I had 3 police officers the LL rep all in my property to do a "routine Inspection" which is the first one in two years LOL

ttd14

Dear Hudson 101

Your Landlord has most likely served you with a Section 21 notice. The Housing Act 1988 provides that a Landlord who has granted an assured shorthold tenancy agreement (AST's) may serve you at least two months notice advising they are seeking posession. On expiry of this date, you must vacate the property. Extra days, though, should be added to this notice as the notice given to you only starts upon receipt of the Section 21.

The issue of the deposit is a strange one. I would suggest you review your AST in relation to this deposit to determine if there was any mention of this. Otherwise, you may well have a right to seek this back from your Landlord.

Kind Regards
D

Nixxx

ttd14 wrote: »

Dear Hudson 101

Your Landlord has most likely served you with a Section 21 notice. The Housing Act 1988 provides that a Landlord who has granted an assured shorthold tenancy agreement (AST's) may serve you at least two months notice advising they are seeking posession. On expiry of this date, you must vacate the property. Extra days, though, should be added to this notice as the notice given to you only starts upon receipt of the Section 21.

D

This is incorrect. A section 21 is a notice that the landlord will seek posession of the property through the courts at the end of the two months. Only a court order will decide whether or not you leave.

I recommend you contact shelter who may be able to help.

N79

So did you pay a new deposit for the new agreement (as the old deposit was used to discharge your obligations under an old tenancy agreement). If no new deposit was paid, and if the LL is not holding a deposit then there is nothing to protect.

Presumably the police attended because following complaints from you and the LL they feared a breach of the peace and attended to ensure that one did not occur. If you want to exclude the LL from the property then you should write to them stating your intentions (email really does not cut it if you are hoping to build up a file of harassment.)

hudson101_2

The problem arises because of the following;- the deposit was taken in december a new "amendment to tenancy agreement extending the term from 20/03/09 to 21/09/10 all other section relating the the original tenancy will remain vaild" in that original tenancy agreement it stipultates i had paid a deposit and that it would be protected in the DPS

So in one sense I have signed a new fixed term in the second sence I have extended my originally tenancy and can i hell as find any information regarding the legal position I just wish she had used my normal rent payment when i was back on tack as the deposit and came to an agreement to repay the 1 months rent arrears.

hudson101_2

N79 wrote: »

So did you pay a new deposit for the new agreement (as the old deposit was used to discharge your obligations under an old tenancy agreement). If no new deposit was paid, and if the LL is not holding a deposit then there is nothing to protect.

Presumably the police attended because following complaints from you and the LL they feared a breach of the peace and attended to ensure that one did not occur. If you want to exclude the LL from the property then you should write to them stating your intentions (email really does not cut it if you are hoping to build up a file of harassment.)

No New deposit was paid I did offer her to take the rent and use that to repay the deposit and allow me to pay off the 1 months rent arrears.

The Police have been in touch they seem a bit concerned that they were required to help in a civil dispute. There concern is the information the landlady gave before sending her representative to the property the sergent has said if the LL had laid it on thick that you might kick off then they were ok to attend. However it's still doubtfull if they should have entered.

Mankysteve

Its a civil matter the police wont get involved

N79

It you have not paid a deposit since signing the new tenancy agreement (and I am still unsure of the timeline - perhaps you could sumarise the key dates) then there is no deposit to protect. If there is no deposit then, since you have had the S21 validated by a solicitor, you should treat it as valid and your LL will be able to get a court order for your eviction after the notice has expired (as correctly explained by NIXXX above). Of course, if there is a valid deposit outstanding which is not protected then the S21 is invalid. That does not seem to be the case here but as I have said I can not understand the timeline from your posts.

Forget the police attending. They clearly suspected a breach of the peace and on that basis it would be a waste of time to argue that they should not have entered the building.

hudson101_2

Mankysteve wrote: »

Its a civil matter the police wont get involved

That's half the problem they did get involved the assisted the LL representative to gain entry without consent. Been in touch with shelter and they have advised that the matter needs to be invesigated.

hudson101_2

N79 wrote: »

It you have not paid a deposit since signing the new tenancy agreement (and I am still unsure of the timeline - perhaps you could sumarise the key dates) then there is no deposit to protect. If there is no deposit then, since you have had the S21 validated by a solicitor, you should treat it as valid and your LL will be able to get a court order for your eviction after the notice has expired (as correctly explained by NIXXX above). Of course, if there is a valid deposit outstanding which is not protected then the S21 is invalid. That does not seem to be the case here but as I have said I can not understand the timeline from your posts.

Forget the police attending. They clearly suspected a breach of the peace and on that basis it would be a waste of time to argue that they should not have entered the building.

Tenancy Began on 10/05/08 fixed term 6 months AST
Amendmet issued 11/11/08- 10/05/09 Fixed Term 6mth AST
Amendment Issued 21/03/10 - 21/09/10 Fixed Term 6mth AST

Deposit was taken out of DPS Dec 09 to cover Jan 10 Payment

I paid rent as normal Feb 10

joanna_johnson

Hi Hudson
This is how a sect 21 works. First of all there are two types a and b. A is for a fixed term and b is for a periodic (or rollover agreement). The correct notice has to be served or it will be thrown out of court. Once the expiry date has reached, then the LL must seek possession via the Courts. The LL cannot enter the property and gain possession just because the expiry date has been reached. From expiry date the LL will be given a date to attend Court (as will you). It is then up to the Judge to determine who wins! If all paperwork is correct and LL has abided by the law and still wants possession then he should be awarded it. If he is, a date for bailiffs attending will be given. (It is usualy around 2-4 weeks after Court date). When this date arrives the LL will check if you have vacated and if not the bailiffs and a locksmith will attend site. At this stage you will be lawfully evicted.
With regards to your deposit....a strange one as it is my belief that once a tenants depost has been lodges with dps it is there for the duration of the tenancy yet it seems yours was fully available for use when you went into rent arrears. Check your agreement and see if it is the dps you are with and call them. There number is availabe through google. They will have a record of any transactions.
Hope this helps.