Landlord failed to provide prescribed information.

KILL_BILL

My landlord has served me with a section 21 notice but it appears that he did not comply with the regulations in that he provide me with the prescribed information in relation to protection of my rental deposit. i have filed a defence to his claim on the basis of the above.

Now i understand that i can bring a claim against him for upto 3 times the deposit that they have.

is there a specific time frame that this has to be done ie when i leave the actual property or what ?

ValHaller

Is LL taking you to court for repo? If he is, now is the time to make a counterclaim

KILL_BILL

he is making a claim under the accelerated procedure so their is no procedure to make a counterclaim to his claim but because i filed a defence on the basis the section 21 was invalid there is a hearing at the court tomorrow.

so i shoudl wait to see what happens tomorrow and then file a claim ?

G_M

Well you can't do much before tomorrow, so yes.

What is your end game here?

To stay in the property? For as long aspossible?
To make as much money as possible?
To make life as miserable as possiblefor your LL?
To make your own life as easy as possible?


What is the background? Why is LL evicting (or don't you know)? What previous discussions have you had?

KILL_BILL

LL is evicting me because i lost my job and as a result i am paying my rent on a weekly basis as i get it from housing benefit . ive explained to him that i have no control over how HB is paid and he expects the council to pay hb montthly UPFRONT !!

G_M

KILL_BILL wrote: »

LL is evicting me because i lost my job and as a result i am paying my rent on a weekly basis as i get it from housing benefit . ive explained to him that i have no control over how HB is paid and he expects the council to pay hb montthly UPFRONT !!

I can sympathise with your dilemma, and personally in your LL's position I would not evict provided the rent was still coming in.

However he does not

expects the council to pay hb montthly UPFRONT.

He expects you to pay the monthly rent upfront which is what you (presumably) agreed at the start of the tenancy when you signed the contract.

You are the one defaulting on the contract (though as I said, I sympathise and understand you may have little choice).

Can you not /have you tried discuss with the LL? A little flexibility on both sides could mean

* you keep your home
* he avoids a void (with £0 rent) between tenants, plus re-marketing costs

How about moving your rent payment date back 2 weeks with his agreement, plus you get a loan for part of the rent. That would bring the future rent payment dates into line with HB dates??

Failing all this, yes, you can perhaps invalidate the S21. But he will get it eventually. Or, by the sound of it, he may shortly be able to evict via a S8 renat arrears.

Yes, potentially you can claim the penalty. I doubt you would get the full 3 times deposit though as it is only the Prescribed Information he has messed up, not the deposit registration itself.

KILL_BILL

he went back on his word

he said that the section 21 he needed to issue because i made a claim for hb and was waiting to hear from the council. however when the hb started coming in and i told him from the start it was weekly in arrears he ignored my emails

KILL_BILL

update:

went to the hearing today and the judge dismissed the landlord claim as he said he did not comply with the deposit regualtions before issuing the section 21 notice against me.


I am now on a monthly periodic tenancy so can i now look to issue part 8 proceedings for the landlords failure to issue the prescribe information ?

tim123456789

KILL_BILL wrote: »

update:

went to the hearing today and the judge dismissed the landlord claim as he said he did not comply with the deposit regualtions before issuing the section 21 notice against me.


I am now on a monthly periodic tenancy so can i now look to issue part 8 proceedings for the landlords failure to issue the prescribe information ?

You can

but you can't do it as a small claim. You have to go for a full hearing at the grown up court. The process is not easy, nor cheap.

Zorz_2

tim123456789 wrote: »

but you can't do it as a small claim. You have to go for a full hearing at the grown up court. The process is not easy, nor cheap.

I'm not sure about this one:

https://forums.moneysavingexpert.com/discussion/comment/59855687#Comment_59855687

And here is the original blog post:
http://www.landlordlawblog.co.uk/2012/11/13/what-is-the-correct-procedure-for-claims-under-s-of-the-housing-act/