regarding eviction notices is this correct

emanant

Hi
We are 7 months into a 9 month tennancy. The last four months our rent has been late. Not our intention at all. Also when we moved in our landlord was decemt enough to allow us 3 months to pay our bond and unfortumately we couldnt keep to it. I think we underestimated the hit on our outgoings our 3rd baby would have and its took a while to adjust

He is now threatening eviction. I will start looking for another home. There are no rent arrears though he is worried we will damage his property. I certainly w
I wrote him an email just been totally honest with him and told him yes he is within his rights to serve the section 21 giving 2 months notice. He did put im the agreement that he had the right to evict us should we not pay the bond om time so his reply was the following

1. Regardless of Section 21, the tenancy agreement has a special clause in relation to the non-payment of the full deposit by the extended deadline of 1st November 2012, stating that I reserve the right to serve notice with immediate effect if payment is not received in full. I gave you several days to go away and review the tenancy agreement with your solicitor, following which you returned the agreement signed and without dispute. I am not looking to invoke this clause but feel it should be noted at this stage.

Is this correct please?

BitterAndTwisted

What did your solicitor advise when you showed them this clause in your tenancy agreement?

emanant

In all honesty we didnt take it to one. I do understand where hes coming from as weve only managed to pay half the bond i just wamt to make sure we wont be put on the street at a days notice

dimbo61

Has your landlord served a correct section 21 notice on you?
Has your deposit been registered in the DPS scheme and have you been given the prescribed information?
If you did not have the funds to pay the deposit and the first months rent then how can the LL register a deposit!!!!
Can you afford to pay your rent and a small amount each month to build up the funds towards the full deposit??
If he/she has served a section 21 I guess he/she wants you out but they would have to go to court to get you evicted

BitterAndTwisted

A Section 21 Notice will give you two months notice (well, two rental periods notice) that the landlord will go to court to gain possession. So, no you won't be put out on the street at a day's notice.

The landlord has said he has chosen not o invoke this clause for the time being. But he won't have to: a Section 21 Notice can be issued for any reason or no reason at all and will succeed if it is served correctly. This requires that your deposit has been registered with one of the three deposit-protection schemes (DPS, TDS or MyDeposits) and that you have been issued with the necessary confirmation of same.

It sounds like you have been a most unsatisfactory tenant: rent continually paid late and the deposit not paid in full. Any landlord would be uneasy about keeping you on as a tenant as you appear to prioritise bills other than the most important one.

princeofpounds

If you are 7 months into a 9 month tenancy then the quickest and easiest way for the landlord to remove you is to issue a section 21 notice. This does not need a reason, so all the history around the deposit is irrelevant.

The landlord can serve a notice any time he likes, you only have to leave as a result of a court order (although it's best not to let things get that far). So you will not end up on the street suddenly, and if you do, it will be an illegal eviction.

emanant

Yeah but he says he doesnt need one as there is a clause in the agreement stating we can be evicted immediately for non payment of bond by set date. Its been in his holding account waiting for the other hald which we habe not yet paid

ValHaller

dimbo61 wrote: »

Has your deposit been registered in the DPS scheme and have you been given the prescribed information?

This would be difficult for the LL - the deposit schemes do not make provision for payment of deposit in dribs and drabs. So for LL to issue a S21 notice, all the dribs and drabs have to be handed back.

Really, I sympathize with the LL here - he has effectively been denied the option to hold a deposit.

BitterAndTwisted

No tenant can be "evicted immediately" regardless of any dodgy clauses he chose to write into his tenancy agreement.

Until he protects your deposit or returns it in full any S21 Notice he issues will be invalid. Do not tell him this and get saving for your onward move. I think you're going to need it ere long. Consider how you are going to manage to secure another property without a reference from your current landlord.

emanant

It was not my intention to be difficult for my ll and in all fairnesa he has been great. His rentis fully up to date and his house well looked afterso am sure therw are worse tennantts out there. I came on here to ask for advice not a assesment on my person.. I dont intend to get behind qith rent or to withold it or ro leave the house in any other way than what i found it. Making. a mistake ie been in need of a home and wanting to stay near schools. Maybe i did underestimate the cost but tht doesnt make me a bad person hey we all make mistakes even those passing judgement and im trying toput this right. Im merely asking if we cannot pay the bond nect month as asked can we be evicted without notice

G_M

My sympathy here is for the landlord, however he is a muppet:

1) the clause is meaningless - You cannot be evicted without either a S21 Notice, or S8 Notice. The clause does not change the law.

2) If he has not protected the deposit you have paid, a S21 Notice is invalid. The fact that you have not paid the full deposit changes nothing - you have paid a deposit, just less than he asked for. It should be protected.