Landlord is serving an Accelerated Possession on s 21 after has withdraw a s 8 claim

Amanda3

G_M wrote: »

Is the OP male or female.....?

If you are talking about me then yes, I am a woman.

G_M

Amanda3 wrote: »

If you are talking about me then yes, I am a woman.

I only ask because the other thread ...:

"There are a couple having a room, two brothers sharing a room, the tenant involved having his room and equally another tenant having his own room.They are all sharing bathroom, toilet and kitchen.
I do not live at the address."

Amanda3

I have forgotten to say that it is my landlord who has referred me to the letting agent that make me lose £800.

Amanda3

I have seen a solicitor regarding this matter and he say that the section 21 remains valid due to The Localism Act 2011.

The solicitor has exactly said the following :

The Localism Act 2011 made amendments to the Housing Act regarding protected deposits and section 21 notices. A landlord is now able to issue a section 21 notice where the deposit was not protected, when the deposit has been returned to the tenant in full, as your landlord has done.

The section 21 notice was dated 25th March. The letter enclosing your deposit cheque is dated 25th March 2013 and the cheque itself is dated 24th March 2013.

The certificate of service (provided by landlord) of the section 21 notice deems the date of service to be 27th March.

Therefore your landlord has returned your deposit on the same day/before you were served with the section 21 notice, so the section 21 notice is valid.

Maybe this solicitor has already my landlord as client.
I am confused now. Can someone please clarify this to me?

G_M

It would be a very dodgy act for a solicitor to takey ou on as a client if he was already acting for the landlord. Conflict of interest. He could be struck off.

If the deposit was returned before the S21 was served, then yes, the S21 is valid.

Amanda3

G_M wrote: »

If the deposit was returned before the S21 was served, then yes, the S21 is valid.

What is the case if the cheque for the deposit was received the same day or after the section notice (the envelopes for both documents are stamped on 25th March 2013).

The certificate of service provided by landlord say that "the date of service" is 27 March 2013 : I think this is wrong since the stamp on its envelope is dated 25 March 2013 (as for the cheque). Am I right?

rpc

They are saying that they consider the notice was served on the 27th and that is the date for all legal purposes. If it was postmarked the 28th, you might have an issue but I can't see any court voiding a notice because it was received early.

First class mail is deemed served two days after posting. Posted on 25th = served on 27th. See http://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/when-is-meant-by-deemed-served.aspx

keyser666

I certainly wouldn't have faxed the landlord to tell him his Sec 21 was invalid regarding the cheque, you should have taken a chance and gone to court as you have now allowed him to try and serve another. As also mentioned he is now getting advice form LZ as well and no doubt reading here.

Maybe as you are both in a stalemate as such you agree to leave after your exams ? You both get what you want then without inccurring any pressure or court costs

G_M

What has the council said about the property? Should it be licenced as HMO or not?

Amanda3

keyser666 wrote: »

I certainly wouldn't have faxed the landlord to tell him his Sec 21 was invalid regarding the cheque, you should have taken a chance and gone to court as you have now allowed him to try and serve another. As also mentioned he is now getting advice form LZ as well and no doubt reading here.

He has not served another s 21 and if he does then it will be fine by me.

The issue remain with the same s21 notice but he is lying saying that I have certainly received the cheque before the notice.

Sorry to ask again, but if the section 21 notice was sent the same day that the cheque for the deposit has been sent is the notice then valid or invalid (knowing that it takes 5 working days to clear the cheque)?