Served Notice

rpc

Brand0 wrote: »

Ignore list? Perfect way to limit freedom of speech. You guys are too good!

Freedom of speech does not bring with it any compulsion on the part of others to listen.

Brand0

rpc wrote: »

Freedom of speech does not bring with it any compulsion on the part of others to listen.

Well you have and I've noticed that over 2500 have had a look. You were saying? I'd leave it there.

tbs624

Brand0 wrote: »

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.

<sigh> You are clearly continuing to struggle to grasp the facts Brand0.

1. A LL who him/herself cannot seem to follow the law on tenancy deposits, then tries to falsify and backdate an inventory is hardly in any position to use a "good faith" argument

2. How many times do you need to be told that an S21 Notice is merely a "Notice of Intent to seek Repossession of the Property"? The Notice itself does not bring the tenancy to an end: the Notice should contain wording to the effect that the LL *must* seek a follow-on court Order for Possession if the T remains in situ, as permitted to do by law.

There are no "special princess" S21 clauses for amateur LLs who have been happy to receive rent for letting out what was originally their own home. The property has then become a T's home and the LL has to follow due process to repossess the property..

To say that you are "pretty comfortable calling them a squatter" if a T remains put until the Court Order is obtained/enforced means that you must also be pretty comfortable with being an ignoramus.

Edited to add: Here you go Brand0 - educate yourself, as Artful suggested. Tomorrow the sanctions against squatting change - however, do note this confirmation from the Legal Aid, Sentencing and Punishment of Offenders Act 2012

144 Offence of squatting in a residential building..........
(2)The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).

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.

erm...it's humour Brand0. Made *some* of us laugh anyway......:D

palmski

Quick update for you
LL has now deposited the deposit as i mentioned earlier but only because they got advice from LA/CAB and they are now up to speed with the correct procedures and know that they had to do this.
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. i have learnt so much about all this renting/LL duty's this week i reckon i am nearly an expert.... Well ok maybe not.

jjlandlord

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.

No, it won't. See post #62.

rpc

FireWyrm wrote: »

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.

Important bit quoted.

LL returns your deposit to you in full, then he can issue a S21 notice. If he doesn't return it to you, then he cannot ever issue a valid S21 notice.

palmski

Sorry can you explain this in more detail. Just so i am 100% sure i know what i am on about.
Sounds straight forward but just want to be sure
Thanks again

Werdnal

Since the Localism Act in May this year closed the loopholes on deposit protection, there is no such thing as LATE PROTECTION! Regardless of whether the LL protected the deposit NOW, it is too late to comply. In order to issue you a valid S21, he must RETURN the full deposit to you BEFORE the S21 is issued.

OP, sit tight, wait for the new S21 to arrive, ignore it for a bit, then after a few weeks, let the LL know he is still WRONG. Buys you a little more time to keep looking for alternative accommodation, as he will have to issue another S21 all over again, and start the 2 months notice all over again. In the meantime, if you are hoping for council help, keep them in the loop and advise about the late protection and new S21 when it arrives, so they are aware that you still exist and will need to be re-housed eventually - this LL will get it right one day!

Me thinks it could be early 2013 before you have to move - Happy Christmas!

Out of interest, has he also provided you with the prescribed information from the scheme he used (can be up to 15 pages depending on which scheme), as this is an integral part of the deposit protection regs. Giving you an ID number is not enough. If he hasn't provided you with the PI (which is this case is irrelevant anyway, but he obviously doesn't know this), he hasn't actually completed the deposit protection requirements!

In the meantime, also remember that if you do find alternative accomodation at any point int he near future, as even a valid S21 does not end the tenancy, you will still be required to give a month's notice to the LL if you are looking to move out.

palmski

No LL only text me through id number thats it
i have now found out who it is secured with and checked its definitely there.

Werdnal

palmski wrote: »

No LL only text me through id number thats it
i have now found out who it is secured with and checked its definitely there.

A little knowledge is a dangerous thing - this LL obviously learning as he goes along, and making a pig's ear of it into the bargain!