Served Notice

jjlandlord

tbs624 wrote: »

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.

In any case, as the deposit was not protected within 30 days of receipt no s.21 notice will be valid.
To be able to rely on a s.21 notice the LL will have to refund the deposit first.

OP, note that it will be up to you to raise the point above as defense in court should LL starts court proceedings.

FireWyrm

So, to recap and take notes :

1) The S21 is not valid because the deposit was not protected within 30 days of receipt. The LL would have to return it, take it back and then register it for any S21 to be valid.

2) The current S21 is invalid because it's not in the correct format, it lacks a clear two months rental period as notice

3) In order for the Council to help you, you will require a valid S21 that has been executed legally. The LL will then have the right to begin court proceedings. The Council will be unlikely to help until you have 'lost' that case - which isnt possible since the current S21 is invalid.

4) It is not your responsibility to advise, suggest or school the LL in the correct law. It is for him to read/research and do his job properly.

Bottom line. Sit tight until the S21 expires (but dont stop looking around anyway) and then wait for the court summons.

palmski

Ok thanks again to everybody who has posted.
With out all this info i would be having a nightmare so thanks.
Lets end this now as there is not alot at this stage i can do but wait.
i will start a new thread if and when things change for me.
You are right the council will not even look at me until i have a valid S21.
I am sure with out this advice i could - would of made my own situation worst through lack of legal knowledge.

Now lets look to the future and find my family a new home...:beer:

Brand0

First of all, my apologies to OP. I clearly missed the point about - well, actually I didn't bother reading what I saw as flannel regarding the council. So OP needs S21 in order to be housed by council. I see that.

Okay, so looking at FIREWYRM 4 points above,
1) this did not affect me as LL as stated previously. The book says one thing - the real world says something else. Just like how few are penalized for driving at 34 mph. OP would have to be prepared to make this an issue to stand any chance of it becoming an issue. And it still may not be treated as one. If OP wants re-housing, why make validity an issue? Which authority is going to ask about the 30 day thing?
2) true, unless LL presents a fresh one as stated earlier.
3) yes, then the last bit depends on 1 and 2 above.
4) this is certainly true depending on how one was brought up and if one value other's mistakes. Again, if goal is to be re-housed, why delay it?

The principles I've stated are sound. The laws and rules stated in this thread are there to protect tenants from bad landlords, not from life.

OP, should NOT allow himself to be pushed into war by you heathens. Watch out for the counter claim to recoup lost income later down the line.

MRSIMPSON - I have a job and a second format of income - not two jobs. I declare all to the authorities. Actually I have three forms of income - all - declared, yet I have one job. An investment is not a job. I am a landlord by definition, not by occupation.

Oh, and even your best friend won't believe you don't exceed speed limits. I'd guess that even those backing you here will be distancing themselves from that comment.

TBS624 - ten thousand posts!? Seriously? Ten THOUSAND! Even I have few words for this. OP - stay away from these guys if you know what's good for you!

FIREWYRM - don't get the 'troll' thing. Is that some kind of inside joke amongst you kudos searchers?

FireWyrm

Brand0 wrote: »

FIREWYRM - don't get the 'troll' thing. Is that some kind of inside joke amongst you kudos searchers?

No, its standard, well known, universal language. Yet more information you are ignorant of. See here : http://en.wikipedia.org/wiki/Troll_(Internet)

The purpose of this thread was to assist the OP with HIS issue, not your requirement for self agrandisement. Your posts are just plain wrong, you dont know what you are talking about at all.

Brand0

FIREWYRM - the primary intention of my posts was not to get people's back up. That they did does not make me a troll.

Secondly, I'm a landlord and have been on and off since 1999, I've issued section 21s (that's plural), I've defended myself in court against previous tenants trying to take advantage of laws created to protect - and won. I've never raised rent on a tenant but have missed the odd mortgage payment due to non-payment of rent (you may say lack of cash mgmt - I say abuse of trust). I write of my actual experience and add my moral viewpoint. I think these facts qualify me to give my opinion.

How about you? What qualifies you to give your opinion and air a view that I or anyone else doesn't know what they're talking about?

OP should not be asking these questions here anyway. Where's the money being saved other than legally squatting in someone else's property?

Brand0

Good luck PALMSKI - sincerely.

tbs624

Brand0 wrote: »

What qualifies you to give your opinion and air a view that I or anyone else doesn't know what they're talking about?

Its not merely Firewyrm's view/opinion that you are ignorant of much LL and T law. The content of your posts stands as clear testimony to the fact of your ignorance.

Brand0 wrote: »

OP should not be asking these questions here anyway. Where's the money being saved other than legally squatting in someone else's property?

More muppetry? A T is categorically not a squatter, nor do they become one if awaiting the production of a court order for their eviction

theartfullodger

Marlon:

I totally agree with Firewyn & tbs...


Now, a radical thought, but why don't you skip off & get educated in two areas...

a) Landlord & Tenant law: You seem to "have some gaps"...
b) How to behave as a human & how to get along with others...

I found doing both helped...

You'd probably find you'd save yourself time, money, bother & achieve more of what you want. Just a thought, or you could carry on as you are now...

Cheers!

Brand0

OP may not be squatting now, but many are encouraging him to be just that from the LLs perspective, even if 'technically' or legally it won't be. Someone living in YOUR house against your will who has been requested to leave in good faith is what then? I'm pretty comfortable calling them a squatter. Could think of other labels of course.

I know what the laws are, just like we all know the 30 mph law. All you lot have done is read from the law book. My guess is that OP could read that for himself, like you did.

I notice that you continue to fixate on my deficiencies (I know I have them, and don't have a problem with it), but you've not answered the question as to what qualifies YOU. Go on, I dare you. Critiquing on others is easy. Looking in the mirror, less so.

You probably can't risk outing yourself as being no more than a poster with an opinion, which is what I am. You must maintain kudos - its all you have.

ARTFULLODGER - its easy to look up someone's profile. The hard bit is knowing when what you see is fact. Marlon is not my name. Fact. If you'd paid attention to the thread you'd have avoided embarrassing yourself. I'm glad you think I'm uneducated - means I know you better than you know me. And we've just met. Trying to get to that 'magic' 5000 posts are we? If you join me, you'll have no problem!