Homeless Dilemma. Help.

[Deleted User]

bloolagoon wrote: »

Not necessarily in the same borough. £100 over LHA is very reasonable for your area. I paid £1600 per month (no hb) when I lived in london, it's one reason I moved. Decent properties around the LHA are hard to come by. Social housing can be even harder.

The property that I found and I am going to view on Sat is not £100 above my LHA. Is £100 above what I pay at the moment. But at the moment I walk everywhere. If I move to this property I will have to get buses everyday so this will add to the costs too. I know this is life, things are expensive. I just want to thread carefully and be responsible. Some LLs increase the rent every year. I don't know wether my salary will increase every year.

bloolagoon

Deleted_User wrote: »

The property that I found and I am going to view on Sat is not £100 above my LHA. Is £100 above what I pay at the moment. But at the moment I walk everywhere. If I move to this property I will have to get buses everyday so this will add to the costs too. I know this is life, things are expensive. I just want to thread carefully and be responsible. Some LLs increase the rent every year. I don't know wether my salary will increase every year.

I get that but you need to see how lucky you have been. Luck rarely happens, maybe you will get lucky a 2nd time or maybe not. Walking to a term time job is a Lucky situation one many envy commuting hours and paying substantial childcare. Tread carefully yes, but be realistic

Rollingstart

Deleted_User wrote: »

No he hasn't. He returned the deposit in full otherwise he wouldn't be able to serve me a valid S21 notice.

He's made a major error there. He shouldn't have the deposit at all! It needs to be in a government licenced scheme, such as mydeposits, the DPA or Crapita.

The deposit is dealt with after you move out. He cannot give you a section 21 notice if he has not protected the deposit, it's invalid and it will show as invalid if this goes to court at which point he'll have to protect the deposit and then issue another section 21.

As I understand it, any Section 21 notice starts from the date in the month from which you paid the deposit, or if that date has passed, then the same date in the following month.

Your landlord has broken the law and frankly I think he should face the full force of the law. Too many damn amateurs in the buy to let industry.

bloolagoon

Rollingstart wrote: »

He's made a major error there. He shouldn't have the deposit at all! It needs to be in a government licenced scheme, such as mydeposits, the DPA or Crapita.

The deposit is dealt with after you move out. He cannot give you a section 21 notice if he has not protected the deposit, it's invalid and it will show as invalid if this goes to court at which point he'll have to protect the deposit and then issue another section 21.

As I understand it, any Section 21 notice starts from the date in the month from which you paid it, or if that date has passed, then the same date in the following month.

She's been advised on that many times but a LL reference over an eviction can be substantial when dealing with high demand properties. OP needs to carefully consider this in her situation. I'm honestly not sure what I would do in her position. I'm a hater of private poor LL and supporter of SH and make no apologies for that but I know her area well, very well (can work out where from posts) and she has to realise the gamble involved.

Rollingstart

bloolagoon wrote: »

She's been advised on that many times but a LL reference over an eviction can be substantial when dealing with high demand properties. OP needs to carefully consider this in her situation. I'm honestly not sure what I would do in her position. I'm a hater of private poor LL and supporter of SH and make no apologies for that but I know her area well, very well (can work out where from posts) and she has to realise the gamble involved.

I'm not sure how this is a gamble. If the landlord hasn't issued a section 21 correctly, or has no power to issue a section 21 then he can't get a court order to evict. It's a pretty open and shut case in my opinion.

edit: oh I see, whoops, yes I take the point regards landlord reference but that's total blackmail

lighting_up_the_chalice

Rollingstart wrote: »

He's made a major error there. He shouldn't have the deposit at all! It needs to be in a government licenced scheme, such as mydeposits, the DPA or Crapita.

The deposit is dealt with after you move out. He cannot give you a section 21 notice if he has not protected the deposit, it's invalid and it will show as invalid if this goes to court at which point he'll have to protect the deposit and then issue another section 21.

As I understand it, any Section 21 notice starts from the date in the month from which you paid the deposit, or if that date has passed, then the same date in the following month.

Your landlord has broken the law and frankly I think he should face the full force of the law. Too many damn amateurs in the buy to let industry.

He returned the deposit prior to issuing S21. In doing so, he has addressed that aspect of the deposit protection regulations. No deposit exists, so there is nothing to protect. The T may take him to court and may be awarded up to 3 x the deposit amount, but the S21 can and has been served. It won't be rejected by a court because of the deposit.

If S21 has to align with any dates, and few do anymore, it will be the tenancy term dates. Tenancy starts on the 15th, tenancy terms run 15th to 14th.

bloolagoon

Rollingstart wrote: »

I'm not sure how this is a gamble. If the landlord hasn't issued a section 21 correctly, or has no power to issue a section 21 then he can't get a court order to evict. It's a pretty open and shut case in my opinion.

Leaving innaccuracies aside if they ask for a last LL reference it's not going to make them a tenant a new LL wants in high demand areas. It's not the OP's fault but it's life.

Rollingstart

Also don't forget that you can still get 1-3x the amount compensation for the fact he didn't protect the deposit.

So if you do have to move out, it's worth looking into. It's not just a case either of failing to protect the deposit but also because you haven't been given information (called prescribed information) about the deposit as required by law.

mummytofour

If you can't get a home you can afford in your area, you need to look out of area or maybe look for a smaller propety, such as a one bed, cheaper rent and it widens your options.

Rollingstart

ok apologies if I've misadvised a bit. I didn't realise they could give it back during the tenancy (surely it has to be with your agreement mind).

Your landlord is generally not allowed to use this procedure if they don't
protect your deposit using a tenancy deposit protection scheme, or do not
give you the required information about the scheme and your deposit. In these
circumstances, they can only give you a section 21 notice if:
 they return the deposit to you in full or with deductions agreed by you,
or

https://www.adviceguide.org.uk/wales/h_tenancy_deposits.pdf