Private rent, section 21, deposit query.

jjlandlord

teeni wrote: »

the tenant has no need to look for alternative until the landlord does his job properly.

b*ll*cks.

Do you mean tenants should stay put until a court order is issued and they are slapped with several 100's pounds in legal fees?

Once it is clear that the landlord wants the property back (outside of a fixed term tenancy) the best course of action is (1) to start looking for another property, and (2) to try to negotiate a mutually acceptable date to end the tenancy.

Getting all 'legal' and being a trouble maker does not help anyone.

Missw

Thank you for your replies.

House hunting isn't going as well as I hoped, we are carers for our disabled son, so limited income / benefits / etc

However we do have funds to move, when its required.

jjlandlord

Missw wrote: »

House hunting isn't going as well as I hoped, we are carers for our disabled son, so limited income / benefits / etc.

Well, as said you probably do have a few months left.

If you have a good relation with your landlord, IMHO it can only help to let him know of your difficulties finding a new place and to let him know that you are working hard to find one.

Whether you mention the invalid s.21 notice to him is up to you.

teeni

jjlandlord wrote: »

b*ll*cks.

Do you mean tenants should stay put until a court order issued and they are slapped with several 100's pounds in legal fees?

Once it is clear that the landlord wants the property back (outside of a fixed term tenancy) the best course of action is (1) to start looking for another property, and (2) to try to negotiate a mutually acceptable date to end the tenancy.

Getting all 'legal' and being a trouble maker does not help anyone.

no i do not , that wasnt what i said I said that there was no need for the tenant to leave until the landlord did their job properly i did not say that they should stay put.

A nsp is just that notice that the landlord intends to apply to court for possession, the tenant has no need to leave until a p/o has been granted and a b/w granted to enforce it.

However as you rightly say that will put the tenant at risk of costs unless there is a defence to those proceedings and a deposit not being protected is an absolute defence as the landlord can not rely upon a s21 notice if the deposit has not been protected.

As you well know if the op requires help to secure alternative accommodation in England they will be usually told that if they leave with out waiting for a p/o they are intentionally homeless so it is essential they know the choices .

If possession proceedings are issued and the tenant defends then they can ask for their costs to be awarded and are unlikely to have the landlords costs awarded against them .

I did go on to say they should negotiate so the landlord was well aware of the possibilities.

Why is the assumption that the landlord can do what ever he wants , get things wrong and the tenant still had to just jump to his tune. The whole [point of the law is so that both parties have legal routes to redress the other parties errors.

And i do not appreciate your colourful language sir

teeni

jjlandlord wrote: »

Well, as said you probably do have a few months left.

If you have a good relation with your landlord, IMHO it can only help to let him know of your difficulties finding a new place and to let him know that you are working hard to find one.

Whether you mention the invalid s.21 notice to him is up to you.[/QU

I would absolutely agree that you need to talk to the landlord, explain the issue of the deposit and negotiate , you will want a reference so it is always better to have a sensible conversation with the landlord, but knowing your rights before that conversation starts means that you know what the bottom line is if the landlord doesn't want to negotiate with you, good luck

teeni

Missw wrote: »

Thank you for your replies.

House hunting isn't going as well as I hoped, we are carers for our disabled son, so limited income / benefits / etc

However we do have funds to move, when its required.

Have you been to the local authority and are you in England or Wales as the rules are significantly different since the implementation of the Wales Housing act on Monday this week

Missw

Absolutely, We do wish to leave with a glowing reference!

Just checked the TDS - We're with mydeposit, and they have no data on us.

Found a letter dated Jan 2014, Stating it had been Auto Un-Protected.

Again, Thank you for your replies, It has given me something to go on if we do need more time.

Missw

Havent been to the LA yet.

We really know we should have, but there was always something taking precedent.

We're in England, so dont know unsure how that would affect us x ( google time )

Missw

Ah damn.

Husband started entering every month / year on my deposit, turns out it was redone august 2014. Just after the start of the last 6month contract.

There goes that train of thought.

Thank you again.

teeni

Missw wrote: »

Havent been to the LA yet.

We really know we should have, but there was always something taking precedent.

We're in England, so dont know unsure how that would affect us x ( google time )

They have a duty to assist you to secure alternative acc if you are in priority need and not intentionally homeless, if you are facing possession with in 28 days, ( in Wales it is 56 days). from what you have said they do not appear to have a reason to find you intentionally homeless hut they would very likely deem you to be not facing homelessness because the landlord can not get a possession order as the deposit is not protected. if you can face it i would suggest that it may be worth contacting them because
a) they will negotiate with your landlord and explain the issue of the notice being worthless and that is not coming from you and looking like you are trying to cause trouble.
b) they may be able to help find alternative suitable accommodation for you. As you have a disabled child there may be options you are unaware of.

good luck