Landlord served section 21

drummer_666

G_M wrote: »

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......?

we did get a receipt. I don't know where it is right now. It's not with the contract.

But to be honest I'm not so worried about the deposit right now. I am worried about being kicked out

And about being blackmailed to fix the window so I'm not served notice... which is what it all amounts too!!

drummer_666

on the contract it says under deposit

'the tenant is required to pay a deposit of £625. The deposit will be held as security by the landlord against non-payment of rent... and for any damaged caused....'

they're not even allowed to use it for non-payment of rent surely?

not that this helps me now...

drummer_666

hi,

does anyone have any advice on the contents of my letter

and what to do regarding the charges he says are outstanding for unblocking the toilet and the broken window

i'm trying to get my housemate to get his dad to look at the bathroom light, as he is an electrician. but don't know if this will happen or not.

theartfullodger

drummer_666 wrote: »

hi,

does anyone have any advice on the contents of my letter

and what to do regarding the charges he says are outstanding for unblocking the toilet and the broken window

i'm trying to get my housemate to get his dad to look at the bathroom light, as he is an electrician. but don't know if this will happen or not.

Good sample letters here..
http://england.shelter.org.uk/get_advice/downloads_and_tools/sample_letters
- from the experts in housing matters, Shelter...
...
You might want to 'phone their free helpline also... see..
..
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

drummer_666

theartfullodger wrote: »

Good sample letters here..
http://england.shelter.org.uk/get_advice/downloads_and_tools/sample_letters
- from the experts in housing matters, Shelter...
...
You might want to 'phone their free helpline also... see..
..
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

there arent any sample letters there that related to my situation to be honest.

I could do the repair one. But my issue is that he's telling me we have to pay for the window.

He's also saying we owe him £170 for unblocking toilet. one repaired Dec 11. one repaired think it was feb 12.

theartfullodger

'phone Shelter & ask for advice, 0808 800 4444 - but expect a wait, this excellent Charity is overworked...

newbutold

drummer_666 wrote: »

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...

If it came down to it I would just not pay the last months rent before I left and then tell the landlord to use the deposit for the rent.

After being stung for a loss of a deposit before now, when the letting agent went bust(years before protected deposits etc), and on a second occasion when LL took months to return the deposit I took to not paying the last months rent in my next rented place.a

drummer_666

thanks for all your comments and advice so far, it's greatly appreciated!

I think what I'll do for now. Is go buy a new toilet seat at lunch, there's one for £5 in Argos. Clean the bits and pieces he mentioned, they're due a clean anyway. Take the lamp out of the bathroom, but it will mean using candles in there from evening til morning.

Then write him a letter saying I have addressed his points 1-5.

Say that I need time to get advice on the dispute concerning the window. And I won't mention the toilet blockage.

If I put this through his letter box say friday/saturday (sat is the cut off date for notice). Would you suggest leaving the letter until fri/sat? Or think he may issue a S21 between now and then without waiting for my response?

If he's going to issue an S21, I need to try my hardest to make sure he issues it Sunday earliest. So that I will have until 23rd June before he can get a court hearing for posession.

If I end up renting out my house when I buy it, I will NEVER be as bad as a LL as all 7 of my past LL's!

G_M

as said before, if you paid a deposit and have proof (receipt, clause in tenancy agreement) AND it has not been scheme registered, then any S21 Notice you receive will be ignored by the court.

So you won't be evicted.

No need to tell the LL - wait till court then he'll find out. Meanwhile, why communicate with him except re repairs?

Fix the things you are responsible for and ask him in writing to fix the things he is responsible for.

Or just ignore him and carry on living there.

You have checked all 3 schemes?

drummer_666

G_M wrote: »

Meanwhile, why communicate with him except re repairs?

Fix the things you are responsible for and ask him in writing to fix the things he is responsible for.

Or just ignore him and carry on living there.

You have checked all 3 schemes?

I don't have proof we paid deposit though. It mentions a deposit of £625 on the tenancy agreement. With the £625 being written in my LL. This isn't proof of deposit being paid though. There is also no witness to the contract. Yes I check all 3 schemes with my surname and housemates surname. But i guess it's possible he could have spelt the surname wrong?

I am writing to him, because there is no proof of deposit. Therefore teh S21 may stand up. And by writing to him, I may be able to avoid him issuing a S21. Which would be the best outcome!

If he issues an S21 correctly before sunday then I may have to be out in May. That would lose me money in van hire, storage and staying at B&B for however many weeks.

If it goes badly, and an S21 is issued I will most likely change the locks.