Served Notice

FireWyrm

Palmski - no matter how tempting it may seem and how your concience pricks you, DO NOT CIRCUMVENT THE PROCEEDURE. You must be whiter than white for the COUNCIL to actually help you. Do not give them an excuse to ignore you or sideline you. This LL is an idiot and frankly, they should have sought professional advice in the first instance. Instead, they've made a complete !!!!-up of it and caused you both no end of frustration and trouble. Remember, the LL didnt comply with the law in that HE DID NOT PROTECT YOUR DEPOSIT UNTIL TOLD TO DO SO BY A THIRD PARTY. That tells you all you need to know about their morality...the interest on that money is NOT theirs by right, neither is the principle. The fact that they didnt even protect it in the first place is evidence of incompetance at best, venality at worst.

BitterAndTwisted

OP: the way I see it, you have a number of options.

Sit tight, get saving and wait for the landlord's invalid S21 Notice to fail in court if you are intent on the LA trying to help rehouse you. Helping to rehouse you could mean them coming up with a deposit guarantee for a private rental rather than providing you with secure LA housing which is in terribly short supply almost everywhere.

Force the landlord to refund your deposit then not repay it to be correctly protected and use it to finance your onward move.

Or do a combination of both of the above depending on when and how you secure another private rental. Even though it's not to be recommended I would be having a think about not paying the last month's rent if you have to use that to finance an onward move. Tough times call for tough decisions, especially when you have a family to be responsible for.....

There's possibly a fourth option which I haven't thought of yet.

theartfullodger

4th option: ask landlord how much he'll give you to go early. I'd want thousands...

BitterAndTwisted

I'd go for Artful's 4th option once this LL's S21 Notice fails in court, very possibly for the second time around if the LL isn't getting very good advice.......

chris_m

palmski wrote: »

I have had a phone call from LL who has confirmed that he will be serving notice again on the 26th Sept so this time it will be valid.

Quite apart from the deposit issue invalidating the S21, is serving 2 months notice on the 26th of the month not too late?
IIRC the rent periods are from the 26th to the 25th. Surely if he serves notice on the 26th, another rental period has already commenced so he really ought to serve it on or before the 25th?