Landlord served section 21

HappyMJ

Notmyrealname wrote: »

Number 2 is actually a very important safety issue. The reason you don't have desk lamps and wall sockets in bathrooms is to save people from being electrocuted when they turn them off/on when they're wet.

It is a safety issue but technically nothing to do with the landlord. If a tenant wishes to run an extension cable into the bathroom then that's up to them. The landlord should discourage it by fixing the existing light fitting ASAP.

HappyMJ

drummer_666 wrote: »

I don't know if my deposit is protected. I doubt it.This was paid by cash.

I've just gone to look at the contract and seen there's not a receipt with it. !!!!. I know we had one at the time, but I don't know where it is.... The contract says the amount of the deposit though.

Could he claim that we didn't pay a deposit?

Check online .... http://www.thedisputeservice.co.uk/is-my-deposit-registered.html

drummer_666

HappyMJ wrote: »

It is a safety issue but technically nothing to do with the landlord. If a tenant wishes to run an extension cable into the bathroom then that's up to them. The landlord should discourage it by fixing the existing light fitting ASAP.

he'll say he needs to get an electrician out to sort it and charge us for that.....

RARGH. So much stress from landlords in the most 6 months! The one before was a nightmare and threatened me because i gave my notice... this one was ok, but has now turned nightmare. Because of the broken window he blames me for!

HappyMJ

drummer_666 wrote: »

he'll say he needs to get an electrician out to sort it and charge us for that.....

RARGH. So much stress from landlords in the most 6 months! The one before was a nightmare and threatened me because i gave my notice... this one was ok, but has now turned nightmare. Because of the broken window he blames me for!

You need to get some help. With a potentially dangerous situation of allowing his tenants to put desk lamps into the bathroom and ignoring the faulty electrics he might find himself responsible for any injury caused to you but that won't help you if you have electrocuted yourself to death. The landlord is 100% responsible for fixing the electrics ASAP preferably the same or next day.

Yorkie1

OP, first you need to check whether your deposit has been registered.

There are 3 tenancy deposit schemes. TDS, mydeposits and DPS
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

Go onto each website and check whether your deposit has been protected. If it hasn't, or you haven't officially been given the details of the scheme / deposit code by the LL, then any s.21 notice issued by your LL is invalid and will not be upheld by a court.

Secondly, of the 5 issues you've listed above, do remove the lamp and clean the toilet (although actually it's none of the LL's business how dirty the toilet is while you live there - the issue is whether it is cleaner when you leave than when you arrived).

The safety of the electrics and particularly the bathroom light is entirely the LL's responsibility. Unless you actually broke it in the first place, he cannot charge you for its repair / replacement.

I'd be minded to bleach the silicon for a quiet life.

Unless he can prove that you damaged the window, he cannot make you pay that either. It is part of the structure of the house and therefore his repairing responsibility - for which he should have insurance or a fund to cover.

Check your deposit registration and get back to us.

chappers

drummer_666 wrote: »

Then if he serves notice before 24th April, I will have until 23rd June definitely? That's 13 weeks. Even if I get an offer accepted on this house, it may take longer than 13 weeks til I get the keys and the house is furnished. Hmmm.

However if he serves notice within the fixed term i.e before the 23rd March then you have 2 months from the day the notice is served

G_M

The S21 Notice is not a notice to quit. It is a notice that after the (2 month) period, the LL intends "to seek possession". Which means he has to apply to a court. Which takes another 1 - 3 months.

If the deposot is not registered, the S21 is invalid and the court will thow out the application. LL is back to square one.

Check each of the three deposit schemes.

drummer_666

HappyMJ wrote: »

Check online .... http://www.thedisputeservice.co.uk/is-my-deposit-registered.html

I did that with my surname and my housemates surname and nothing came up.

But if we don't have a receipt for our deposit we can't prove we paid a deposit...

G_M

drummer_666 wrote: »

But if we don't have a receipt for our deposit we can't prove we paid a deposit...

True.

Not much we can do about that.

If the LL claims you never paid one
a) the S21 is likely to be accepted by the court and
b) you may never see your deposit again

Paid cash? No receipt? Hard lesson learnt!

Unless your tenancy agreement mentions a deposit......?

drummer_666

chappers wrote: »

However if he serves notice within the fixed term i.e before the 23rd March then you have 2 months from the day the notice is served

I will write him a letter, saying something along the lines of:

1. bath room light cover has been replaced.
2. table lamp has been removed.
3. the toilet seat has been replaced
4. the bath silicone has been cleaned
5. the toilet has been cleaned

Issues regarding the blockage of the toilet and the broken window need to be discussed in further detail.

The light in bathroom does not work. We turned it on one day and it didn't work, we suspected a blown bulb. Paul took the old bulb to the shop to make sure he purchased the correct replacement. We put the new bulb in and turned it on and nothing happened.

Should I say that as per Section 4.1.3 of the contract 'the landlord will carry out repairs or other work necessary to make the accommodation fit to be lived in'. Having a working light in the bathroom is vital, so can you please contact me to sort the bathroom light.

Although I have just read the contract and it says we should report issues including with electrics to him in good time. We didn't report the light, but he has been in the house and seen the desk lamp in the bathroom sometime ago.

What else should I say?

This is to tide him over to past the 24th of the month before serving...

I need the light in the bathroom to work...

With LL's they don't necessarily do things that they legally should...

Any advice on the proposed content of my letter and actions from here?