Private rent, section 21, deposit query.

teeni

Missw wrote: »

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.

that changes everything, no defence possible to s21 notice, so local authority and negotiate your socks off with the landlord

Missw

Yup! Ah well.

Instant fight or flight, I tried to find something to argue back with, and failed.

The support is appreciated though.

Thanks again. X

dodger1

teeni wrote: »

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

It's the sensible thing to do though when you know what's on the horizon.

teeni

dodger1 wrote: »

It's the sensible thing to do though when you know what's on the horizon.

i agree it is sensible but most help will not be available until you are facing possession and I did advise her to negotiate , at the time i said she didn't have to leave the op had stated that her deposit had not been protected so the landlord could not in any way legally evict her. As i am sure you know if the notice is not valid and the tenant needs help from the local authority or from a bond board to secure alternative accommodation they need to actually be facing homelessness.

I get sick and tired of landlords complaining about tenants not leaving when the notice expires irrespective of whether they have issued a valid notice, or protected the deposit. They often don't even realise that the notice is just a warning that they intend to seek possession and means nothing other than that. there are some very good professional landlords out there, but others who need to learn how to run their business efficiently and do their job properly.

unfortunately in my job i get a very skewed view of landlords as my clients don't raise complaints about the good ones.

jjlandlord

And I'm sure you tell tenants that it will cost them up to ~£500 to wait until bailiffs show up to execute a court order (and perhaps about £400 just to get a possession order against them).

You also seem to assume that all tenants need councils to help them finding a place to live.

That councils are cynical, or plainly awful, and try to find any dodgy excuse to deem someone 'voluntarily homeless' is not private landlords' fault:
https://storify.com/nearlylegal/it-is-your-fault-you-are-homeless

teeni

jjlandlord wrote: »

And I'm sure you tell tenants that it will cost them up to ~£500 to wait until bailiffs show up to execute a court order (and perhaps about £400 just to get a possession order against them).

You also seem to assume that all tenants need councils to help them finding a place to live.

That councils are cynical, or plainly awful, and try to find any dodgy excuse to deem someone 'voluntarily homeless' is not private landlords' fault:
https://storify.com/nearlylegal/it-is-your-fault-you-are-homeless

Hello again,

I work on an LAA contact which is audited regularly to ensure I give accurate legal advice to clients, there are also certain things that I am obliged to tell clients so

1) yes I always tell them what the risk of costs are should they remain after the notice period and it becomes necessary for the landlord to issue proceedings, many will decide to leave if there is no defence identified, many are not able to for various reasons, some because they have not secured alternative accommodation and some because they cant afford to without help and they cant get that unless the landlord has followed the correct procedure. So i would tell them either they have no defence but they don't have to leave until a warrant has been executed but they risk x y and z if they stay. OR i say you have a defence because of this and if proceedings are issued you can defend the matter and delay things but again if you lose the risk is x y and z. I prefer to negotiate with a landlord if they have made an error if i am so instructed to have an outcome that saves the risk costs for everyone.

2) I do not assume that all tenants need help to move but a lot do and whether they do or not does not mean that the correct procedure should not be followed by the landlord, or that the landlord should not know what that procedure is.

3)I absolutely agree that councils can be awful and often force tenants to stay in properties until a possession order is granted They should not force a tenant to wait for court proceedings and costs to be incurred, although many homeless teams cover these costs as it is cheaper than funding interim accommodation to keep the tenant where they are. Again it is a regular challenge forcing councils to undertake the duty they have and challenging intentionally homeless decisions.

The fact is a NSP or NRP are only the start of the process and if I didn't tell my clients that I would be failing in my duty to them and would be facing the dole queue myself. I didn't write the law I simply advise people on it, what they do with that information is up to them

for the avoidance of any doubt

advice would always include info on their rights, their options, the risk of costs and possible solutions. Litigation is always a very last resort as you never know what will happen in court

AS i said in an earlier post there are many, many good landlords out there but no one complains about them so I do accept my view of landlords is skewed as I only get to deal with the bad ones.

Have a nice weekend jjlandlord