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

Amanda3

G_M wrote: »

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

No but there are few issues like no hot water in the bathroom, etc.

Amanda3

rpc wrote: »

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

Ok, but this does not change anything to the fact the cheque was certainly served the same day or after (I do not remember exactly but I am sure at 95% that was one day after the notice). The landlord has only provided a certificate for the s21 notice but not for the cheque.

Mr_Pitiful

Amanda3 wrote: »

Ok, but this does not change anything to the fact the cheque was certainly served the same day or after (I do not remember exactly but I am sure at 95% that was one day after the notice). The landlord has only provided a certificate for the s21 notice but not for the cheque.

I don't think there is an answer either in legislation or case law. Ultimately it will be up to a court to decide if the landlord has met the requirements to enable the service of a s21 and if a cheque counts as return of the deposit at the point that it's received. If the HMO avenue doesn't pan out that's going to be your only real defence argument.

Amanda3

Mr_Pitiful wrote: »

I don't think there is an answer either in legislation or case law. Ultimately it will be up to a court to decide if the landlord has met the requirements to enable the service of a s21 and if a cheque counts as return of the deposit at the point that it's received.

I believe that it must have at least one or two days between the date that the deposit has been served and the date of service of the section 21 notice.

Is it normal that the landlord has not provided equally with its claim the date of service for the return of the cheque?

bebewoo

It's nearly the end of June now, have you done most of your exams now?
Maybe you should start looking for a new place now and stop being a crazy obsessive person?

Amanda3

bebewoo wrote: »

It's nearly the end of June now, have you done most of your exams now?
Maybe you should start looking for a new place now and stop being a crazy obsessive person?

I apologize but I prefer to not enter in this kind of discussion. However if you can give me back the £800 this landlord has made me lost two months ago (i believe that he knew it was a scam) then you are very welcome.

bebewoo

How can he make you lost £800?

keyser666

As well as informing us how he managed to lose you £800 you need to remember it is immaterial now that he served the S21 and the cheque the same day. Are you reading the other forum? All he has to do is resubmit it

G_M

Amanda3 wrote: »

No but there are few issues like no hot water in the bathroom, etc.

That has nothing to do with

* whether a S21 is valid
* whether the LL has failedto register as a HMO
* whether rent is owed

It is purely a repairing issue which you deal with seperately.

Amanda3

G_M wrote: »

That has nothing to do with
* whether a S21 is valid
* whether the LL has failedto register as a HMO
* whether rent is owed
It is purely a repairing issue which you deal with seperately.

I agree, but just explained the output since someone told about breach of the HMO regulation rules [that was one of the reason the landlord had withdrawn his previous section 8 notice (rent payment with delay: i was waiting that he makes the repair)]. For your information, I am focused presently on filling my defence form based only on the fact that the deposit was not received when the notice was served.