Served Notice

palmski

Ok i have an answer from the LL he is saying that they never secured the deposit and just put in there own bank.
So i am now aware the S21 notice letter is invalid.. am i right?

If so now what are my options?

G_M

palmski wrote: »

Ok i have an answer from the LL he is saying that they never secured the deposit and just put in there own bank.
So i am now aware the S21 notice letter is invalid.. am i right?

If so now what are my options?

Option 1 - see post 20:

So ignore it if you wish. To evict you, the LL will have to wait till 26th Oct. When you don't leave, he'll have to apply for a court possession order. This will take 2 - 8 weeks. You o to court and point out a) you've not had a S21 and b) you never received the prescribed info. The court thows out the landlord's application. He then has to start again!

Option 2 - just leave when asked
Option 3 - negotiate. Ask for some cash in return for going quietly/qhickly
Option 4 - Sue the LL for up to 3 times the deposit
Option 5 - give your own notice (correctly! see here) and leave at a ime of your own choosing
Option 6 - can't think of 6....

Brand0

What is wrong with you people! From what I've read, the landlord was charging less than market rate and had (and still has) no problem with PALMSKI. It appears that the Landlord has met with some kind of trouble and needs the house back, as is his/her right as the person who shelled out for it.

There is no suggestion of rip-off other than from contributers in this forum - the itinery may only be to ensure the tenants haven't sold anything or unduly damaged something of value.

That PALMSKI has a family and a sob story doesn't take into account that the landlord may need his/her own property for his/her own kids! So what do you all advise...? to make the landlord's life hell because of a technicallity! Shame on you all. I thought this was a moneysaving site? This forum contains a bunch of bitter tenants from what I can see. And do you want your family to be forcefully evicted and end up on Jeremy Kyles show?

PALMSKI - don't let these people send you to hell. Karma. Get agreement that none of your deposit will be held back due to nonesense (the deposit should only really cover unpaid rent) and get out as legally requested. You should get two months notice minimum based on the day before your rent is due (i.e. if you pay rent on the 27th, the section 21 should ask for you to vacate on the 26th of whatever month is two months away.

Work with the spirit of the landlord first and foremost - if he/she is being a so and so THEN come back here and listen to the housing equivalent of the KKK. Not all landlords are scum and you'll become scum by making your problems someone elses.

irenee

Brando - the landlord has done NOTHING right! - and Palmski and family should not suffer as a result of the landlord's imcompetance and ignorance

They may well need to have the landlord take the eviction route as the only way that they can be housed by the Council - the system is quite inflexible as to the details of being made homeless

And before you launch at me as being one of "a bunch of bitter tenants" I have lived in my own house since 1965 and therefore have no axe to grind

marliepanda

Palmski has 'shelled out' to live there, and they have the right to do until it is brought to a correct end

Bear in mind in most cases it is the bank which has shelled out for a house, they don't just get to take it back on a whim.

You cannot provide an inventory 'from memory' at the end of a tenancy as the tenant had no opportunity to agree or disagree with it. If that was allowed the ll could put anything he wanted! So even if Palmski has sold anything or trashed anything, the ll has no recOurse as he can't prove it was ok at the beginning. Schoolboy error

The landlord has kept palmskis money and got interest and whatever else. That's illegal, so if you want to blabber on about karma and hell you might want to change your tune.

If the landlord had followed the law and done everything right, he would get his way. He hasn't. Tough luck.

Im sure whatever higher power you think is sending us all to hell thinks youre fab

Werdnal

Brand0, bearing mind many of the responders to this post (myself included) are actually Landlords, I think you need to gen up a little more on the rules and regs surrounding tenancy and housing law before you jump on all of us for giving the OP good advice.

There are Landlords and there are good landlords - I like to think I fall into the 2nd category, but many don't. Rules and legislation are there to protect the tenant from harrassment and utimately illegal eviction, which is what the OP's LL could end up doing if they are as ignorant as they sound about the legislation they are supposed to observe. Nothing gets me more wound up than the tales of woe related here from tenants whose LLs think they are above the law and can do just what they like, when they like and have the tenant dance to their tune.

If their LL came here asking for advice, we would be only too pleased to point out the error of their ways and guide them on how to issue valid notice and eventually get their tenant evicted, the same way as we are now advising the OP that their LL is a total wally and has got it all wrong. OP need not move out, because the "notice" they have received is irrelevant.

So LL has fallen on hard times and wants the place back - why should OP be out of pocket and move out when they still have a valid and legally binding tenancy in place. Until the LL gets their act together and understands how to run their letting business legally, the OP should be in no hurry to leave on the strength of an invalid notice! Obviously, now the OP is aware of the LL's wish to move back to the property, it would be wise to start looking for alternative accommodation, but they have more time to find somewhere,within their budget and suitable to their needs.

As for Karma, I would get your facts right before you start spouting self-righteous gibberish at those who know far more about the situation here than you obviously do!!!!

Ulfar

Brand0, In now way has this landlord followed the law, yes Karma does come and bite you on the !!! as this landlord is about to find out.

As others have said you should really get some more knowledge, read some other posts on here. Within the space of about 20 minutes you would have more knowledge about how to do things correctly than most letting agents and a large number of Landlords.

Things the landlord has done wrong,

8 weeks notice is insufficient, it should be 2 whole rental period and aligned with those periods. In this case two months, rental dates unclear at this time.

The notice is invalid anyway as the landlord has blatantly ignored the tenancy deposit laws not only from when they where bought in originally but also since they have been tightened up.

Inventory should be done at the start of a tenancy with the tenant being given the opportunity to make amendments and then signed by both parties, from memory for 2 years ago don't be an idiot.

I would imagine on top of this said landlord hasn't paid his taxes on the rental income and probably has an occupier owner mortgage, after all why not break 5 rules instead of 3. I also bet when it comes time to sell they will state the property has only ever being the primary home to avoid further tax.

This is forgetting, gas safety checks, etc.

palmski

Come on guys lets not let this get our backs up. With out all the advice i have been given on here in the last few days especially G-M i would be a nervous wreck. You have all been so brilliant and 100 % correct.
Following a day at the Council
I now know the LL is at fault, They have not served me valid S21 they have not deposited my deposit properly and like advised on here im sure none of it has been done properly.
I have paid my rent by DD every month even when LL increased it, I have spent 100s of pounds doing Garden and Various other bits and i have been an ideal tenant for them by looking after their once home.

This is there only property and moved out to rent it as they got their selves into financial difficulty and could not afford their mortgage as it was only Husband and Wife this was the best option for them.
Thanks again to everybody who has helped me here and im sure during the coming Days/Weeks this thread will continue

tbs624

Brand0 wrote: »

What is wrong with you people! From what I've read, the landlord was charging less than market rate and had (and still has) no problem with PALMSKI.

The OP says that they saved agency fees by dealing direct with the LL - unless I have missed it there is no reference to "less than market rate" rental payments.

Brand0 wrote: »

It appears that the Landlord has met with some kind of trouble and needs the house back, as is his/her right as the person who shelled out for it.

and the T has a right to expect that
(a) their tenancy deposit is dealt with in line with the law
(b) any Notice they are given meets with the requirements of the law

Brand0 wrote: »

There is no suggestion of rip-off other than from contributers in this forum - the itinery may only be to ensure the tenants haven't sold anything or unduly damaged something of value.

the deposit regs came into force well over 5 years ago, and were recently updated by the Localism Act. Many would view a LLs failure to comply with the tenancy deposit regs as a distinct form of rip-off. Not sure about the reference to an "itinery" (itinerary) , since that is a list of travel plans.

Brand0 wrote: »

That PALMSKI has a family and a sob story doesn't take into account that the landlord may need his/her own property for his/her own kids! So what do you all advise...? to make the landlord's life hell because of a technicallity! Shame on you all. I thought this was a moneysaving site? This forum contains a bunch of bitter tenants from what I can see. And do you want your family to be forcefully evicted and end up on Jeremy Kyles show?

As has already been said, many of the respond posters are themselves LLs. The fact is that the LL let the property out in exchange for money, for this family to use as *their* home. If the LL needs the property back it's quite simple - he has to follow the law and work within its constraints

Brand0 wrote: »

PALMSKI - don't let these people send you to hell. Karma. Get agreement that none of your deposit will be held back due to nonesense (the deposit should only really cover unpaid rent) and get out as legally requested. You should get two months notice minimum based on the day before your rent is due (i.e. if you pay rent on the 27th, the section 21 should ask for you to vacate on the 26th of whatever month is two months away.

My bolding. Karma? Many would perhaps view it as "karma" that this LL faces delay in regaining possession of the property, mainly because of their own failure to comply with the law and get that tenancy deposit dealt with properly.

"Get out as legally requested"? S21 is invalidated by the LLs failure in the tenancy deposit registration.

"ask you to vacate on the 26th"? As has already been pointed out an S21 does not ask a T to vacate on x date, it gives Notice that the LL intends to seek repossession of the property at some point *after* x date

"based on the day before your rent is due "? Stat periodic tenancy periods do not always coincide with a rent due date

Brand0 wrote: »

Not all landlords are scum and you'll become scum by making your problems someone elses.

No-one has said that all LLs are scum but IMO those LLs who fail to comply with the law on tenancy deposit regs *are* a form of scum.......

Brand0

The problem with all you regulations queen's is that you are treating the LL as an experienced businessman who is purposely bending rules to take advantage. Given what OP has said about the circumstances of the property being let its clear that LL is TRYING to do thing right. You all know (but choose to forget) that the rules/laws you speak of are to protect against LLs with dark intentions - NOT for tenants to use against well-meaning but inexperienced home owners.

I am a landlord and my tenants money is safely deposited now, but wasn't at first as I had no idea. Not because I was using it for drugs and hookers! And even if I WAS - if every penny went back on time with no problem, how does it adversely affect the tenant? How does it affect OP if no tax is paid? It doesn't! The OP is falling foul of the main pitfall of being a tenant. Simple.

This is the problem with the world today - no one cares about spirit. Bottom line here is that the OP doesn't want the hassle of moving. No more, no less. It's that shameful US culture of looking in the rulebook to see if one can claim rather than looking at the man you are claiming against.

PALMSKI - save yourself. It's too late for the others! You'll sleep better at night on a worse bed than you have now if you do the right thing than doing the wrong thing. And you'll be proud.

To the rest rest of you 30 miles per hour drivers, stay away from all mirrors and teach your kids the way of good intentions whilst they still have a chance.