Section 21 Notice Served But Our Deposit is Unprotected + Repair Issues!

goide1

Co-tenant has posted on this board too, oops! lol disregard and thank you for those that actually had helpful advice

BitterAndTwisted

If you need help then I suggest that you contract all that down to a couple of sentences. I'm not reading all that just to glean whatever it is that you're having trouble with.

What exactly do you want to happen?

pinkshoes

1. Check with the three deposit schemes to see if he's protected your deposit. If it's not been protected, then when you leave the property, give him 7 days to return your deposit in full, otherwise you'll sue him for 3x the amount.

2. If you're not in a fixed period, then instead of waiting for his 2 months notice with the S21, why not just give him 1 months notice from a rent date?

nikki_angel

First of all, did you put the decking issue in writing? ANY repair/maintainence issue should ALWAYS be put in writing to a LA/LL so that there is a paper trail. Otherwise it is just your words against his that you reported any probs.

Secondly, change the barrell on the lock if you feel unsafe and intimidated. The LL can not let himself in but similarly you can't withold entrance to the property for emergency situations/repairs.

I can't really comment on much more as your post was very difficult to read and I gave up. Sorry *blush*

nikki_angel

Oh, is there an inventory for the property?

real1314

Some of your issues are somewhat contradictory - you complain that the LL hasn't sorted repairs, but you haven't made a time available for him to inspect the problem.

I find it a bit odd that you could stay in a house with a "heavily leaking pipe" under the kitchen sink. Which pipe was leaking exactly? A supply pipe or a waste pipe?

Him wanting to use a particular plumber is fairly common - councils and Hsg Assocs use the same plumbers. He was out within 36 hours, effected a repair pending getting the part to do a full fix.


Overall, you should think about what YOU actually want to happen. From your post, I'd say it's:-

1. You want to leave - the S21 sorts that for you
2. You want your deposit back - If you don't get it back on leaving, there are lots of avenues open to you to get it back.

Don't let all the side issues become more important than your main concerns. :cool:

goide1

Thanks for the fast replies.

nikki_angel wrote: »

First of all, did you put the decking issue in writing? ANY repair/maintainence issue should ALWAYS be put in writing to a LA/LL so that there is a paper trail. Otherwise it is just your words against his that you reported any probs*

I am going to put it into writing after the Bank Holiday and send it to his estate agent which he has just brought on to manage the property last week.

Yes, I have an inventory. Why do you ask?

real1314 wrote: »

Some of your issues are somewhat contradictory - you complain that the LL hasn't sorted repairs, but you haven't made a time available for him to inspect the problem.

I find it a bit odd that you could stay in a house with a "heavily leaking pipe" under the kitchen sink. Which pipe was leaking exactly? A supply pipe or a waste pipe?

Him wanting to use a particular plumber is fairly common - councils and Hsg Assocs use the same plumbers. He was out within 36 hours, effected a repair pending getting the part to do a full fix.


Overall, you should think about what YOU actually want to happen. From your post, I'd say it's:-

1. You want to leave - the S21 sorts that for you
2. You want your deposit back - If you don't get it back on leaving, there are lots of avenues open to you to get it back.

Don't let all the side issues become more important than your main concerns.*

Actually that's not true. All of these repair issues started back in March and I've been trying to get him to come over and sort them out for over a month now.

Just because he decides almost a month later that he wants to come over THAT day which isn't good for me doesn't mean I haven't tried to make a time for him to come over - like I said, I had been trying for almost a month for him to either get someone in or to come over before he decided to do anything about it.

When I say heavily, I didn't mean that the whole house was being flooded. It was a water pipe and was leaking around 15 litres an hour.

But I can't exactly have found alternative accomodation like that because I couldn't afford it and I didn't want the whole kitchen to flood and be blamed for that by him as well! And anyway, I don't have a problem with the pipe - the plumber fixed that the next day which was fine but I'm still waiting for the heating to be done over a month later which isn't fine!

To summarise then: I have no choice but to move out because of the Section 21 but I don't want to move out until my deposit has been protected or repaid as I don't want the stressful task of having to chase the landlord for it AFTER I have left his property.

Also, I want the repairs to be carried out before I go because I'm still having to live with these issues as I'm still at the property for at least another 2 months and I don't want to be blamed for them after I leave which I'm sure is what he will do.

What do I do if he refuses to fix the decking and/or refuses to protect my deposit?

Thanks

pinkshoes

I'd just ignore the repairs for now, and concentrate on moving out!

If there's no signed inventory, the LL can't deduct anything from the deposit, as he can't prove the initial state.

Have you checked the three deposit companies yet?

nikki_angel

I ask about the inventory as if you didn't have one then the LL wouldn't be able to prove any damage wasn't already there at the start of the tenancy should your deposit be protected and the LL tries to take money for repairs. As we still don't know for sure, I think you really should follow the advice above and check all 3 schemes yourself to find out for certain.

princeofpounds

Christ that was long!

The section 21 is not valid as it cannot be served without a protected deposit.

If you want repairs enforced you can either use the procedure outlined in Lee Parker vs izzet 1971 (search forums or google) or contact environmental health at your council. I would post links but writing on a phone.

I really hope you have written evidence of all issues. If not, start documenting everything now and formally notify LL in writing of events (stick to facts, no point venting!) Photos, letters, call records, emails, texts. This is to help your case if this ever gets legal.

Finally, if you wish to leave I suggest you write to the landlord and point out that you could commence legal proceedings over the failure to protect the deposit, ignore the S21, record the instances of harrassment with the police and involve environmental health over the repairs (also gas safety certificate if applicable?). Then suggest that given the relationship appears to have broken down you will leave asap if your deposit is returned in full and final settlement and a reference provided if needed. Or some variation on the theme.

sp1987

Could you contact the landlord, stating that his s21 is not valid due to the deposit not being protected and say no more. He then protects the deposit to ensure a valid s21 can be given, you then find another property and serve your notice/leave accordingly.

He will think he has rumbled your plan to stay in his house by protecting your deposit ('haha stupid tenants will have to leave now I've protected their deposit' etc), but as you want to leave anyway, that is exactly what you want.

You could then go further into requesting a reference in order that you will leave on s21 expiry date rather than hang around for proceedings etc after the above has been done satsifactorily.