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  • Brand0
    Brand0 Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    FIREWYRM/WORDNAL - original questions were: Will council now move us up list?
    Can we get help with agent fees and deposit?

    Also, OP said they got tenancy via a friend of a friend. Might explain the cheap rent...

    What has screwing over landlord have to do with these questions? OP has gotten away with living in a neighborhood he cannot afford and you and your allies have found a lame excuse to delay the inevitable - whatever that is. It will happen, so why drag others down as well?

    What has the council, estate agents and the inflated housing market have to do with the landlord? I say 'nothing'. If so, why make LL culpable? Because you can? Is LL being unreasonable? I don't think so. Yes i feel bad for OP but I'd feel worse for LL if HE were homeless with some minor oversight or technical error allowing others to live in his house in the meantime. Is the LL to blame for potential homelessness? Come on now people.

    WERDNAL - you see, my 30 mph analogy is spot on because people only get involved and point the finger and say "this guy ignored the 30 mph law" where there's a victim or potential for there to be one. OP is a victim, but not of LL. You want for LL to be victim of OP?

    Btw my case was heard 6 weeks ago at Central London County Court. I speak only what I experienced and learned from the legal guy (they don't wear the wig and clobber and the 'courtroom' was a large office - just setting the scene for you). Yes it's 'recommended' and they can't order return of deposit already returned, and 'up to' can also be nothing. If OP refuses his deposit on basis he want to screw LL it may not go down well, with the guy who doesn't wear the wig.

    FRANKLEE - I've nothing to hide and no court can say otherwise. I've done nothing that you local MP or favorite singer hasn't. I just did it in my own time.

    Nonetheless, I'm flattered that you slapped a health warning on me. I feel kinda naughty now!
  • palmski
    palmski Posts: 93 Forumite
    Just a quick question. Now that the OP has asked the LL if the deposit was protected and the LL has admitted that it is not.

    Can the LL now put the money in a scheme? And what impact will that have on the OP?

    LL today has text me t say he has now protected deposit and sent me an ID Number ......
  • palmski
    palmski Posts: 93 Forumite
    Also, OP said they got tenancy via a friend of a friend. Might explain the cheap rent...

    BRANDO. Who said rent is cheap.... MY RENT IS FAR FROM CHEAP
  • Zorz_2
    Zorz_2 Posts: 324 Forumite
    100 Posts
    Brand0 wrote: »
    That they've now deposited ends it, which is consistent with my posts which are based on my experience, as opposed to stuff I may have read, heard down the pub or delusions of being a legal know it all. Listen to these bedroom-dwellers credited with thousands of posts - probably giving insight into industries ranging from flea market trading to precious stone mining - at your own risk.

    ULFAR is a great example. If his post (almost no. 1000) was correct, the scheme wouldn't take the deposit and issue a number, would it?

    These posters (all of them except ZORZ, who shouldn't try to mix it with the big boys) probably have alter-egos all over the Web if they have that much time on their hands... Serial killers always begin down the path to darkness in forums like these. They always react to accusations of immorality for it strikes the nerve hard, and yet they are blinded to the true reason for this reaction. Hopefully you see the light.

    In the wise words of ABC:
    "Excuses had their uses
    But now they're all used up, all used up"

    :cool:
    You wanna hear about my new obsession?
    I'm riding high upon a deep recession...
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 30 August 2012 at 12:18AM
    Brand0 wrote: »
    Word of warning though - you may get a 'proper' section 21 through the post now the LL may be alerted to the possibility of you trying it on. I'm not saying that you're trying it on, but that's how it may seem. It will superseded that which you've already received. If so, this entire forum is rendered moot and you'll have perhaps an extra 3-4 weeks if the 2 month deadline has passed. I wish I could give you better news.

    Another correction now required to Brand0's waffle!

    No-one at any time has suggested the OP can stay forever ... only until LL gets his act together and sorts out his failings to issue the S21 correctly and the valid S21 may be the key needed for the council the help OP - so this has not all been wasted!

    Now that a new S21 may become effective, the S21 itself does not end the tenancy and OP still does not need to move out when it expires. If OP wants to seek council help to rehouse him, the new S21 will help BUT council will likely ask OP to remain in residence and force LL to take eviction route to court, which could take 4-6 weeks on top of the 2 month notice which will start running the day OP receives the new notice. If OP leaves when S21 expires, Council will deem them as making themselves unintentionally homeless and therefore have no obligation to rehouse. Please Brand0 do not attack me for this statement - it is fact and common policy amongst councils throughout the UK!

    Also, Brand0, do not accuse the OP of starting any attacks on you - your arrogance and ignorance towards others here and the subject of this thread has brought all replies on you. OP is an innocent party here. Do not lash out at the wrong people - those who have replied to you direct are big enough and ugly enough to fight their own battles with you.



    OP, when/if you get any further contact from your LL, you might want to start another thread and ask for adivce again, and leave this litany of C r @ p behind. Let us know what LL's next steps are and we will do our best to advise you. Good luck!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Brand0 wrote: »
    PAWLALA - didn't see your post. Would have saved me the trouble!

    PALMSKI - no offense. You say you rent, but can't afford to rent. For me that means your current rent is relatively cheap. It's the word relatively that I missed. See, it always the smaller details...
    Indeed it is and one of your previous posts contained this comment, along similar lines.
    Brand0 wrote: »
    What is wrong with you people! From what I've read, the landlord was charging less than market rate
    Which word did you miss out there?

    Don't misinterpret the OP's situation.
  • Mrs_Imp
    Mrs_Imp Posts: 1,001 Forumite
    Brand0 wrote: »
    MRS IMP - I'm a landlord and have a job. But not as a landlord.

    FIREWYRM - cannot believe so many have thanked you - I'll put it down to you having a bad day. It IS a question morality if OP hasn't suffered by the hands of the LL. This the point that you and others choose to ignore. You search for a reason to attack the LL in question but have only found an excuse. It's not a good one.

    So you have TWO jobs then. As a LL and your other job. You wouldn't expect to carry out your other job with no experience, so don't do it with your second job as a LL. Having another job is no excuse for not knowing what you should be doing as a LL. That is morally wrong and is completely unfair on tenants and all the good LLs out there who end up with a bad reputation from bad LLs.

    As for it being a question of morality whether the OP stays or goes, as has been pointed out, if he needs held from the Council they will require a VALID S21.

    The LL has very few options now. He can go through the whole process again to serve a valid S21, or he can make it worthwhile for the OP to leave sooner. Either way, this should give the OP the breathing space he needs to find somewhere new to live.

    The OP has more options. He can contact the LL and explain that he needs a valid S21 to get council help so will have to sit tight until one arrives, or he can ask for the LL to make it worthwhile him leaving, or he can just wait for things to go to court and fail.

    ps, I obey the 30mph law in case you're wondering. It's there for a reason. But that's a discussion for the motoring board.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 30 August 2012 at 8:24AM
    It is good news OP that your tenancy deposit monies are now scheme registered. Has the LL *also* served you with the Scheme's Prescribed Information - if not any new S21 will still be invalidated. Do also check with the deposit scheme itself that a registration has in fact been made. Keep the LL's text.
    pawlala wrote: »
    Has he sent you a new S21?

    OP - if the LL has not yet served a new S21 notice ( which must be correctly worded) then my suggestion would be to keep quiet about the invalidity of the original one.

    If a new S21 *is* served and there was no Deposit Scheme's prescribed info given to you then keep quiet about that too.

    You are under no obligation to give the LL pointers on how to comply with the law.

    Edit - agree with gist of Mrs Imp's post but , as I say, would avoid assisting the LL by highlighting any potential for the s21 Notice being invalidated.
    Mrs_Imp wrote: »
    The OP has more options. He can contact the LL and explain that he needs a valid S21 to get council help so will have to sit tight until one arrives, or he can ask for the LL to make it worthwhile him leaving, or he can just wait for things to go to court and fail.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Dont feed the troll people. It doesnt know what its talking about, that's obvious and the OP understands this.

    Ignore.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
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