Can the landlord use the same address than me for a possession claim?

SerialRenter

You have a number of options.

Considering he failed to protect your deposit and the S21 notice looks shoddily done I believe you are in a strong position.

But first, lets find out your aims. Do you want to stay in the property? Or are you quite happy to leave?

You could kick up a fuss if you wanted, and everyone here would be quite happy to give you advice,[STRIKE] but from what I've read it doesn't seem like you have a bad relationship with the landlord, so rocking the boat may not be the option you want.[/STRIKE]
EDIT: Leave the property, it's not going to go your stress levels any good. Claim for the deposit if you want, but do it properly!

My first bit of advice would be, ignore the S21, don't write back to the Solicitor/Landlord informing them of the mistakes. You can still mutually agree to leave without the S21 being valid, on the other hand, you could let it go to court and be chucked out for being invalid if you so wished to stay.

RAS

Peter

I appreciate that you need advice from this forum but it really would help if you linked to your other thread https://forums.moneysavingexpert.com/discussion/4813507

PeterHook

donfanatico wrote: »

So what's your aim? You want to stay longer?
Has he served notice to other people in the house ?

My aim is to prepare my defense regarding the claim for possession.


The landlord served me notice to me only (but does not himself live in the property).

PeterHook

SerialRenter wrote: »

You have a number of options.

Considering he failed to protect your deposit and the S21 notice looks shoddily done I believe you are in a strong position.

But first, lets find out your aims. Do you want to stay in the property? Or are you quite happy to leave?

He failed to protect the deposit but he returned it to me.

Yes, I would like to leave as soon as possible the court would have provided a final decision for my claim for harassment and to not have the pressure the landlord is presently putting on me.

SerialRenter wrote: »

You could kick up a fuss if you wanted, and everyone here would be quite happy to give you advice,[STRIKE] but from what I've read it doesn't seem like you have a bad relationship with the landlord, so rocking the boat may not be the option you want.[/STRIKE]

Unfortunately, the landlord is now totally involved in my issue with another tenant (since this last collect his postal mails).

SerialRenter wrote: »

My first bit of advice would be, ignore the S21, don't write back to the Solicitor/Landlord informing them of the mistakes.

I need to return my defence regarding the claim for possession.

SerialRenter

What defence?
Section 21 gives a landlord an automatic right of possession without having to give any grounds. It's not something you can defend against as there's no potential fault in their reasoning to contest.

The only defence you have is to hope they've made a mistake when issuing you with the S21, so the last think you'll want to be doing is informing them of their mistake, otherwise they'll correct it, and you'll have less time.

In regards to the deposit, its irrelative if he returned it to you or not. As he failed to protect it, he's still at fault.