Landlord didnt protect deposit and we were evicted via section 21

sa6storm

Hi guys

I am a little ignorant when it comes to the legalities of renting a property so bare with me.

We were served a section 21 notice were he was reclaiming possesion of the property as it was his own home and he was kicked out of his partners address, this was very upsetting for us as we are expecting our first baby and were very settled in the house. We were only there 3 months before serving the notice so we lived there 5 out the 6 month contract.

He gave us 2 months notice and we moved out on Sunday. He said he will be sending the deposit to us in the next few days which we are happy with as it was £900.

We have found out he never protected the deposit and to my knowledge this is illegal? I have also read he should never have served us the section 21 notice?

I want to wait till i get my £900 before I take further action but surely this is illegal?

Thanks in advance for your comments and advice

Stuart

rpc

Your opportunity to challenge the notice was while you were in the property. If you had done so, it would have failed on multiple grounds.

Now that you have left, you actions clearly indicate that you agreed with and accepted the notice so there is no recourse available (provided your deposit is returned in full).

BitterAndTwisted

Well, the time for questioning that S21 Notice is over. However you could choose to start court-proceedings for non-protection of the deposit but whether you would succeed in having the three-times deposit as penalty awarded by the court if you've received the original deposit back in full is not certain.


I'm crossing my fingers that you do see your £900 back in full.

Werdnal

As above, you have accepted the notice and left the property (you did not have to leave even if the notice was valid, particularly not within the 6 months fixed term as the S21 would not have any effect on ending the tenancy).

However, the suggested penalty for non-protection is 1-3x the deposit value, plus return of the full deposit on top. The potential claim in your case would appear to be valid, but the claim must follow a specific court route, with costs amounting to £1K+ - which obviously if successful you should get back from the LL in addition to the penalty to court decides to award.

It is up to you whether you want to wade through the court claim process in the hope of getting more out the the LL, but maybe you could use this as a bargaining tool if it decides to drag his feet on returning your deposit.

It such a pity you didn't come here as soon as the S21 hit your doormat, as we could have advise your then, in a lot stronger position to challenge the notice.

PS, having just checked your previous posts here, you were told that the S21 didn't end the tenancy or mean you had to leave, here:

https://forums.moneysavingexpert.com/discussion/4576337=

By a member called Werdnal!!!!

Caveat_Mortgagor

Assuming you have an AST, and have paid your LL a deposit.....

I am torn between sympathy for your situation, and wanting to give you a bloody good shake.

You had a 6 month contract. He cannot force you out via a s21 in that initial 6 month period.

The s21 does not mean you have to move out, merely that he can take you to court to ask them to tell you to move out. However, since he hasn't protected your deposit, he would never have got to court.

However, that's all academic now as you have surrendered possession.

You are correct that he has should have protected the deposit. Fill out a N208 form to take him to court for up to 3 times your deposit. You will automatically be awarded at least 1x deposit and a max of 3 depending on how the court views your landlords reasons for non-protection.

sa6storm

Caveat_Mortgagor wrote: »

Assuming you have an AST, and have paid your LL a deposit.....

I am torn between sympathy for your situation, and wanting to give you a bloody good shake.

You had a 6 month contract. He cannot force you out via a s21 in that initial 6 month period.

The s21 does not mean you have to move out, merely that he can take you to court to ask them to tell you to move out. However, since he hasn't protected your deposit, he would never have got to court.

However, that's all academic now as you have surrendered possession.

You are correct that he has should have protected the deposit. Fill out a N208 form to take him to court for up to 3 times your deposit. You will automatically be awarded at least 1x deposit and a max of 3 depending on how the court views your landlords reasons for non-protection.

is that excluding the £900 i should already recieve?

BitterAndTwisted

Deposit return = £900

Up to three times the original deposit amount as penalty = £2700
But the precise amount is discretionary. The court could decide to award you nowt.

tim123456789

It is, yes

but don't hold your breath

do you really think that this weasle is going to play fair?

tim

Caveat_Mortgagor

BitterAndTwisted wrote: »

Deposit return = £900

Up to three times the original deposit amount as penalty = £2700
But the precise amount is discretionary. The court could decide to award you nowt.

The penalty is between 1 and 3 times the size of deposit. Assuming the deposit has been paid and not protected within 30 days, it is an automatic win for the tenant. The size of the award is at the discretion of the court.

sa6storm

thanks guys!

I really should have researched more into the 21! But oh well ill wait to get my deposit back and then sue him. I know he hasnt protected it because I asked him a few days ago which company he used and he said none because he didnt need to as I could trust him.

DRP

sa6storm wrote: »

thanks guys!

I really should have researched more into the 21! But oh well ill wait to get my deposit back and then sue him. I know he hasnt protected it because I asked him a few days ago which company he used and he said none because he didnt need to as I could trust him.

sounds a cocky SoaB

It is unfortunate, but I guess you'll have to trust him again....