Separated, how much should I provide?

RAS

JackRS wrote: »

:

1. I appear to have signed the Section 21 notice on 25/7/13, but was not given a copy or made aware of what I was signing until I was emailed a copy on 22/7/14 (3 days prior to its expiry).
Therefore the notice was not served in accordance with Section 196 of the Law of Property Act 1925 (as per provision of the Tenancy Agreement 12.3).
Furthermore, the Tenancy Agreement makes no provision that a Section 21 may be served.

2. I signed all documentation on 25/7/13 when visiting Stratfords premises to collect the keys. I believe that the Section 21 may have been presented incorrectly in correlation to the other documents.
There is no documentation to show that the Section 21 was issued after the Tenancy Agreement was issued and after the deposit was protected.

On that basis I will request to the court that the claim for possession be struck out. I will appoint my solicitor to act on my behalf and counterclaim for their costs.
As a precaution for this expense I have stopped the rent until the outcome.

If you correctly issue a new Section 21 I will accept it by reinstating the rent payments as required and move out on the expiry date.

In the meantime please provide me sight of the original Section 21 notice that you emailed me on 22/07/2014


No reply yet, he warned me that I won’t get my deposit back as they’ll find something!

JackRS

If the S21 was signed at the same time as the tenancy agreement, it is invalid. They need to issue a new one.

You now need to check that the deposit is in the scheme as claimed. If so, they cannot make deductions from the deposit without due cause (evidence of damage not wear and tear).

You must pay rent normally regardless as they can use a section 8 notice to remove you otherwise.

Just to add that if they fail to re-regsiter the deposit when the tenancy become periodic, they cannot issue a valid S21 (this little loop-hole will end shortly).

And by severing the tenancy I mean that I assume that you and madam are joint tenants of the house? If so and if anything happens to you, she gets the lot as the sole surviving tenant. Happened in a case I know, he walked into the road whilst distracted a week before the absolute was due to be finalaised and she got everything.

Severing the tenancy means that you become tenants in common. If you have not already done, suggest you sort this as soon as the percentage is agreed. That way your share goes to the kids if you are intestate.

JackRS

RAS wrote: »

JackRS

If the S21 was signed at the same time as the tenancy agreement, it is invalid. They need to issue a new one.

You now need to check that the deposit is in the scheme as claimed. If so, they cannot make deductions from the deposit without due cause (evidence of damage not wear and tear).

You must pay rent normally regardless as they can use a section 8 notice to remove you otherwise.

Just to add that if they fail to re-regsiter the deposit when the tenancy become periodic, they cannot issue a valid S21 (this little loop-hole will end shortly).

And by severing the tenancy I mean that I assume that you and madam are joint tenants of the house? If so and if anything happens to you, she gets the lot as the sole surviving tenant. Happened in a case I know, he walked into the road whilst distracted a week before the absolute was due to be finalaised and she got everything.

Severing the tenancy means that you become tenants in common. If you have not already done, suggest you sort this as soon as the percentage is agreed. That way your share goes to the kids if you are intestate.

I may have confused you, I’m the only tenant in the rented. Madam is in the FMH rent free.

Thanks for the other information I will use that.

Gigervamp

I think RAS meant the FMH. You and ex will be either tenants in common or joint tenants on the deeds.

RAS

Gv is correct JackRS.

You need to know if you are tenants in common or joint tenants. It costs £3 from the Land Registry to find out rather than a lawyer's fee.

Most married couple who have both names on the deeds are joint tenants. When the first one dies the other is the sole tenant and owns the whole property without it passing through the estate.

rpc

ecgirl07 wrote: »

I thought when my sister divorced there was an agreed separation date and financials were taken as they were on that date?

Scots law does it that way.

English law doesn't.

JackRS

I know some of you are interested in my welfare and social aspects which is very supportive, thank you. Today’s my birthday, which as some of you know, comes round a lot quicker than they used to!

Had a tennis match last night (we’ve a league at work as we’ve 2 courts here), winning streak came to an end, I’d won 5 matches on the bounce and last night well I came 2nd, but I played well and it was close but a fair result.

I then drove over to see my daughter who wanted to give me a present and card and we had a nice chat, she was telling me about the interview process to work at tourist attraction in the gift shop and food outlets. Considering this was a minimum wage summer job the hoops the went through! 700 applicants reduced to 60 to attend the selection day. They then had a 2 minute interview, a list of names were read out and they were taken to a room, the rest including her were taken to another and told they’d got to next stage. They were led to another room that had random items which they had to present a sales pitch for. She said it was like a being on the apprentice! Then another list of names were read including hers and this group were told they weren’t successful in reaching the final phase where the remaining 8 would have a more detailed interview, for 4 positions that they had available. She found it stressful but I was pleased that she’d had the experience. I ask her to send her CV so I could suggest improvements.

This morning I was pleased to get a birthday card from my son with some cash in it, which was so nice, meant a lot to me and my emotions did get the better of me.

This afternoon I’m playing golf with some friends, now please understand I don’t play golf, well I’ve done some pitch and putt and gone round a proper course 3 times in my life. They’ve given me a set of clubs and about 20 balls which might just be enough for 18 holes?

Tonight we’re out to a Mexican, all of which I’ll have to record on my monthly out goings list, so reckless I know….

Had no reply from letting agent so guess they’re putting together their case?

RAS

Happy Birthday JackRS

:bdaycake:

One heck of a lot better than this time last year, hey?

JackRS

RAS wrote: »

Happy Birthday JackRS

:bdaycake:

One heck of a lot better than this time last year, hey?

I guess so, was moving in the rental, borrowed a van to get sofa and a few bits from FMH and had a scene with the ex.

I really thought it would have all been resolved by now but I hope it'll be over by Christmas?

Gigervamp

:bdaycake:Happy Birthday Jack!

Mexican sounds good.

Sounds like your kids are coming to terms with things now. How sweet of your son to send you some money.

Shame your daughter didn't get the job, but despite what some people think, even getting a minimum wage job is hard these days. My youngest was unemployed for a couple of years and finally got a job in Maccy D's and even applying for that was a long process. I also now understand why they have a high turnover of staff, going by the way my son's treated. Tonight for instance, he's doing the overnighter 10pm-6am, then tomorrow, he's back at 5pm-2am. It takes him nearly an hour to get to work, then the same back, so that only leaves him 9 hours to eat and sleep.

Anyway, have a lovely day and weekend.

summerof0763

many happy returns jack, you got beautiful weather for your birthday, hope you enjoy it xx