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unprotected rent deposit - claim
Comments
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Why i'm here, to look for advice to consider options what to do and how correctly handle current situation, maybe someone will give good advice how to handle current situation.
You've been given some very good advice - just because it isn't what you wanted to hear doesn't mean it isn't right.0 -
It's your LL that you would sue for not protecting your deposit. The LA is an agent working on behalf of the LL and it's ultimately your LL's responsibility to ensure your deposit is protected. If the LL then wants to sue the LA for not doing what he/she pays them to then that's up to him/her.
If your LL has sold the property there is a chance that you will be issued with a Section 21 notice if you haven't received one already. By not protecting your deposit this makes the Section 21 invalid so until you know what's happening with the sale of the property you might want to hold off suing anybody.
I wasn't given section 21 yet. TA valid till 24/02/2015. I think there is no point to give me one.
Can i ask, which way everything works for me?
TA expires 24/02/2015 which way i have to handle notice..i'm lost here a little bit..Notice should be given me by my LA - 2 months before TA expires? Or TA expires and that's it..noone needs to give anything to anyone..? I'm not interested to stay longer then TA valid till. Which way i have to deal with it?
Thank you0 -
What is your question, or questions, exactly?
obm0 -
oldbaldman wrote: »What is your question, or questions, exactly?
obm
TA expires 24/02/2015.
Let's say my LA won't give me a notice and let's say i won't give a notice. What happens when TA expires?0 -
If they have sold the property you should get a section 21 issued 2 months before your tenancy end date. If no notice is served it will go to a rolling periodic. They still have to give you 2 months notice you only have to give 1 month.
You need to ascertain if your deposit is protected as previously advised.0 -
Manichouse wrote: »If they have sold the property you should get a section 21 issued 2 months before your tenancy end date. If no notice is served it will go to a rolling periodic. They still have to give you 2 months notice you only have to give 1 month.
You need to ascertain if your deposit is protected as previously advised.
When you say rolling periodic, what exactly do you mean?
TA expires - every goes on after TA expires on same conditions till i will be given 2mth notice?0 -
A rolling periodic is exactly the same conditions as your current TA. The only difference is you are no longer tied in for a set time such as 6 or 12 months. You are only tied in for a month when you give notice.
The LL or his agents still have to give you 2 months notice.0 -
Manichouse wrote: »A rolling periodic is exactly the same conditions as your current TA. The only difference is you are no longer tied in for a set time such as 6 or 12 months. You are only tied in for a month when you give notice.
The LL or his agents still have to give you 2 months notice.
Understood. Thank you.0 -
You don't actually have to give any notice if you leave when your fixed term ends although it would be courtious to do so. If you remain in the property after 24/02/2015 then you will automatically start a Statutory Periodic Tenancy. To end a SPT you need to give 1 month's (1 rental period) notice to end the tenancy.
Your LL can issue a Section 21 at any time but it cannot expire before the end of your fixed term. Your LL is required to give you at least 2 month's notice that they want to regain possession of the property. However, if your deposit has not been protected the Section 21 will be invalid unless your LL returns your full deposit before issuing the Section 21.0 -
With a fixed-term tenancy there is no need to give any notice to the landlord that you intend to leave. Just make sure that you return the keys on or before the last day.
I'm sure the new owner will be interested to know that you don't intend to leave the property until and unless they've returned your deposit in full and they've been to court to gain a possession order. This should concentrate minds somewhat. To put it mildly.
Kindly note that no-one can legally gain possession of your home while your deposit is unprotected.
Have you checked with all three schemes yet?0
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