Advice please Section 21 served - tenant wont move out

Werdnal

far2812 wrote: »

Thanks Werdnal - she received confirmation from the TDS confirming tenancy protection. Does this mean they will with-hold the full deposit if she hasn't paid for the 5 days?

Thats not answering my question - Did the LL or agent provide the tenant with the "prescribed information" from the TDS?

It is not that same as the TDS contacting her, the LL/agent has to provide the information direct to her in order to comply with the deposit requirements. Did she ever receive this? If not, then the S21 is definately invalid. Ask her to check her documents and see what she has been given. TDS may contact the tenant themselves with the tenant's own ID and login info. This does not count here!

far2812

Sorry Werdnal - yes, we have all the paperwork here and the agents have provided her with a "prescribed information sheet".

Kynthia

The S21 doesn't end the tenancy, it just lets the tenant know that the L want possession and is able to apply to the court for a possession order after the S21 expires. Therefore your friend has the choice of waiting until the court grants the LL possession, waiting until after this and the bailiff comes to the property or giving notice to leave before this.

If your friend decides to give notice and leave, they still have to abide by the normal notice terms unless the LL agrees otherwise. Therefore they should technically give notice before 30th August to leave/end the tenancy on 30th September and pay rent up until then. I would suggest writing to the LL and stating that rather than staying until the LL has paid to apply to the court for possession and paid for bailiffs, which could take a few months, they are prepared to leave on 5th September and pay rent up until that date but that they want acceptance in writing.

Soot2006

far2812 wrote: »

Thanks Werdnal - she received confirmation from the TDS confirming tenancy protection. Does this mean they will with-hold the full deposit if she hasn't paid for the 5 days?

There is still confusion about your friend's position.
She does not have to leave
However, she DOES have to pay rent, as usual, if she does not leave.
She cannot unilaterally decide to pay a pro rata proportion of the rent.

The negotiation lies in making it clear to the Landlord that the Tenant can and will make eviction a long and tedious process for them UNLESS the LL might agree to allowing the T to leave "early", on the 5th September and pay only pro-rate rent for that small period of the month. It's a bit like a blackmail ... it usually works, but it might also not work.

jamie11

far2812 wrote: »

Sorry Werdnal - yes, we have all the paperwork here and the agents have provided her with a "prescribed information sheet".

That 'sheet' should be about 15 pages of information.

moromir

jamie11 wrote: »

That 'sheet' should be about 15 pages of information.

I'm not sure thats entirely correct... my last few P.I's have been about three pages max.

UnitedSum

Is it true that the TDS contact the tenant with the tenancy proof of deposit certificate? It clearly states on the TDS website that, in addition to the prescribed information provided by the landlord, the landlord is responsible for sending proof of deposit after the it's actually been registered.

tbs624

UnitedSum wrote: »

Is it true that the TDS contact the tenant with the tenancy proof of deposit certificate? It clearly states on the TDS website that, in addition to the prescribed information provided by the landlord, the landlord is responsible for sending proof of deposit after the it's actually been registered.

My bolding . No -one on the thread has suggested this to be the case, so why the query?

Yes, the LL/LA has access to the deposit certificate once registration has been completed and the relevant fee paid by the LL/LA and then they should pass on a copy to the T.

far2812

Thanks all for great advice.

I think I will try and draft a letter for her to send to the Agents suggesting that she will be happy to vacate the house on the 5th September and try and get them to agree to paying pro-rata for those days.

Any suggestions of when we should send the letter to the Agents bearing in mind they are planning to turn up on 30th August at 10am>

Great advice as usual on here - many many thanks

UnitedSum

My query is based on things I've read in other threads similar to post #12 in this thread:
"TDS always contact the tenant themselves with the tenant's own ID and login info."