Private rent, section 21, deposit query.

Missw

Just been served a S21 on my home, fully expected, the LL has said for some time they want the house back.

My query is with the deposit.
When we got the house (8 years+ ago ) we had written proof the deposit was protected.

However last year we received a letter ( several in fact ) saying the deposit was no longer protected, can't recall why, am sure it was something to do with the LL not renewing it.

If that's true, in black and white, where do we stand ?

For the last few years we haven't been given information regarding the deposit, if they changed who held it etc.

What action should I take ?

BitterAndTwisted

You should write to your landlord querying why the deposit is no longer registered. Their response will indicate what action your should take, if any.

Just because it's no longer registered does not automatically mean you won't get it back if there won't be any proposed deductions for unpaid rent or repairs required due to damage caused by you.

Was there a dual-signed inventory at the start of your tenancy?

Missw

Rent is fully up to date.
Repairs will need to be done to the house ( LL is aware )

No inventory was taken at the start of the lease.

Bearing in mind. The eviction was expected, I am in shock, and slightly angry.
But if the deposit is now unprotected, would this count as an illegal eviction ?

I'm just trying to find out if I can buy myself and my family some more time to try and find somewhere else to live.

Missw

Will get a letter wrote up, for the landlord, asking for more information regarding the tds.

teeni

the court can not grant a possession order if the deposit is not protected, the landlord can not rely upon the s21 in these circumstanes

Missw

That's what I read also.

If I gave the LL a 'heads up' regarding the deposit being unprotected,
Could they go and re-register/ re-protect it within this 2months notice I have, making the S21 valid ?

jjlandlord

You say the notice was expected and that you knew your landlord wanted the house back for some time... How is your house hunting going?

teeni

no they couldn't the only way to allow them to issue another s21 is for court order to deal with the issue of the deposit OR for the landlord to return the deposit to you , they then have to reissue the deposit.

teeni

jjlandlord wrote: »

You say the notice was expected and that you knew your landlord wanted the house back for some time... How is your house hunting going?

the tenant has no need to look for alternative until the landlord does his job properly, If the op needs help from local authority he wont get it if the landlord cant get a possession order.

However saying that a call to remind them that on return of the deposit in full you will agree to leave at the end of a new notice period may help them secure alt accommodation and prevent the need for court action

pmlindyloo

First of all check whether your deposit is protected here:

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

If it is not protected the section 21 is not valid. The LL would need to return your deposit and then issue the Section 21.

It is entirely up to you as to whether you inform the LL or not if the deposit is not protected. You can sit tight and do nothing until they ask why you haven't moved. That will give you some more time.

Or you can move out.

Or you can negotiate with your LL to have more time to find somewhere else to live.

teeni

BitterAndTwisted wrote: »

You should write to your landlord querying why the deposit is no longer registered. Their response will indicate what action your should take, if any.

Just because it's no longer registered does not automatically mean you won't get it back if there won't be any proposed deductions for unpaid rent or repairs required due to damage caused by you.

Was there a dual-signed inventory at the start of your tenancy?

NO it doesnt mean they wont get the deposit back the landlord may be prepared to pay it with out any problem, the issue is the landlord is not entitled to possession as a penalty for non compliance with the tenancy deposit regulations until he does one of 2 things, 1) return the deposit in fill then reissue the notice 2) issue possession proceedings which tenant can defend and once the court has dealt with the issue, can then reissue a NSP (S21). The op wants to secure additional time and this will do that , it will also allow the authorities to assist her if needed.