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Advice please Section 21 served - tenant wont move out

13

Comments

  • malcolmffc
    malcolmffc Posts: 339 Forumite
    Is there any danger of the LA changin he locks whilst she's out of she overstays the tenancy? Yes, I know that'd probably be illegal, but given the inconvenience....
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    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.

    I use the DPS, and they contact the tenant with their own login and password ID for the tenant to be able to access the scheme at the end of the tenancy and request the deposit back - or atleast they did when I last protected a deposit with them 2 years ago. However, this does not remove the LL's obligation to provide the tenant with the full prescribed information. TDS may have different arrangements, but how else will the tenant have their own personal login info provided to reclaim the deposit, if the scheme does not provide it!
  • UnitedSum
    UnitedSum Posts: 62 Forumite
    Werdnal wrote: »
    I use the DPS, and they contact the tenant with their own login and password ID for the tenant to be able to access the scheme at the end of the tenancy and request the deposit back - or atleast they did when I last protected a deposit with them 2 years ago. However, this does not remove the LL's obligation to provide the tenant with the full prescribed information. TDS may have different arrangements, but how else will the tenant have their own personal login info provided to reclaim the deposit, if the scheme does not provide it!

    Thanks Werdnal. I'm only familiar with the DPS, and their procedure makes sense.
  • Zorz_2
    Zorz_2 Posts: 324 Forumite
    100 Posts
    malcolmffc wrote: »
    Is there any danger of the LA changin he locks whilst she's out of she overstays the tenancy? Yes, I know that'd probably be illegal, but given the inconvenience....

    Yes, if they are cowboys! It actually happened to me and I'm still trying to sort things out...:mad:
    You wanna hear about my new obsession?
    I'm riding high upon a deep recession...
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    malcolmffc wrote: »
    Is there any danger of the LA changin he locks whilst she's out of she overstays the tenancy? Yes, I know that'd probably be illegal, but given the inconvenience....

    Illegal eviction. Criminal offence.
    Not much danger if this is a "real" LA ...
  • marcssteve
    marcssteve Posts: 13 Forumite
    I would also like to say that if the tenant's current agreement is ending by August 30 and she would have to make in for a new agreement then, I guess that the land lord then has the right that she may ask the tenant to leave. Other than that if still there is time for the rental agreement to get expired then the tenant may live and the landlord for the time being has no authority that he may ask for the room.
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  • jamie11
    jamie11 Posts: 4,436 Forumite
    marcssteve wrote: »
    I would also like to say that if the tenant's current agreement is ending by August 30 and she would have to make in for a new agreement then, I guess that the land lord then has the right that she may ask the tenant to leave. Other than that if still there is time for the rental agreement to get expired then the tenant may live and the landlord for the time being has no authority that he may ask for the room.

    That is gibberish.
  • far2812
    far2812 Posts: 919 Forumite
    PPI Party Pooper
    So is the general agreement that she stays in the property until the 5th? Write to the Agents and state that she is giving notice but is happy to move out on the 5th (early leaving) and will pay for the pro-rata days? When do you think we should advise the Agents? Many thanks as ever
    Total Quidco earnings - £547.98

    Everyone is scared of someone or something, everyone loves someone or something, and everyone has lost someone or something! BE NICE!
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    malcolmffc wrote: »
    Is there any danger of the LA changin he locks whilst she's out of she overstays the tenancy? Yes, I know that'd probably be illegal, but given the inconvenience....

    As the tenancy hasn't ended the OP can't overstay the tenancy. Only the courts or the tenant can end the tenancy. If the LA are complete cowboys who are prepared to illegaly evict the tenant then this could happen. If the OP fears this happening then they should change the locks. However most LAs would arrive, find the tenant still living there and leave.
    Don't listen to me, I'm no expert!
  • far2812
    far2812 Posts: 919 Forumite
    PPI Party Pooper
    So is the general agreement that she stays in the property until the 5th? Write to the Agents and state that she is giving notice but is happy to move out on the 5th (early leaving) and will pay for the pro-rata days? When do you think we should advise the Agents? Many thanks as ever
    Total Quidco earnings - £547.98

    Everyone is scared of someone or something, everyone loves someone or something, and everyone has lost someone or something! BE NICE!
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