Invalid Section 21?

franklee

VirtualMark wrote: »

Yeah the deposit is protected, but she didn't serve the paperwork for a few months, which I intend to mention.

So long as the prescribed information was served before the S21 was served then it doesn't affect the S21. However it's quite common the prescribed information isn't done properly, it needs to contain quite a lot of information. Suggest you check exactly what deposit prescribed information you were given and see if it's all present and correct. Incomplete prescribed information would invalidate the S21.

Don't think a minor address typo would make any difference either way if you got the notice and it's clear what it refers to.

VirtualMark

franklee wrote: »

Suggest you check exactly what deposit prescribed information you were given and see if it's all present and correct. Incomplete prescribed information would invalidate the S21.

What information needs to be there?

Lord_Baltimore

VirtualMark wrote: »

What information needs to be there?

At the risk of mixing my metaphors I think you may be grasping at straws in an attempt to split hairs .

I'm sorry your tenancy hasn't worked out but don't let this lead you to wasting money in circumstances where your chances of success are poor.

Leave that place, get another and put this sorry tale behind you. Life's too short.

Please

G_M

* Whether it is an HMO or not is irrelevant to the validity of the S21.

* of course, if it is, and should be registered, you could shop her to the council, but
a) that won't help you with the S21
b) your house mates might get evicted (if the council comes in heavy) and
c) you say you've checked and it does not need HMO registration.....

* the fact that the tenancy agreement refers to 'communal areas' makes it clear you are renting a room. The lack of a room number on the TA is irrelevant. The intention is clear, and your residing there implies your acceptance of the room provided! I now reduce my initial 'guestimate' - you have a 6% chance of the court agreeing with you, not 15%

* Lack of PI could invalidate the S21. For information about the deposit, and the Prescribed Information, read:

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

ratrace

G_M wrote: »

*I now reduce my initial 'guestimate' - you have a 6% chance of the court agreeing with you, not 15%

:rotfl::rotfl::rotfl:

franklee

VirtualMark wrote: »

What information needs to be there?

See this link (it's in G_M's big post too):
http://www.rla.org.uk/landlord/tenancy_deposits/tds-Documentation.shtml

Also see the website of the scheme your deposit is in. E.g. DPS sample:
http://www.depositprotection.com/help/browse/custodial/agent-landlord/prescribed-information
https://www.depositprotection.com/documents/prescribed-information-template.pdf

The original legislation list of PI:
http://www.legislation.gov.uk/uksi/2007/797/article/2/made

teeni

the relevant issue here appears to be the date the prescribed information was served, are you sure, can you prove it was served more than 30 days after you paid the deposit. If so you would have a good defence. However if you haven't got evidence of that a defence is unlikely to be successful, ideal evidence would be the envelope it arrived in if the date stamp is clear or a letter from the dps confirming the date issued. Remember if you defend it unsuccessfully you will be liable for not just your costs but also theirs which can amount to a huge amount of money if you haven't got the protection of a legal aid certificate.

jjlandlord

teeni wrote: »

the relevant issue here appears to be the date the prescribed information was served, are you sure, can you prove it was served more than 30 days after you paid the deposit. If so you would have a good defence.

That would not be a defence at all.

Missko

Error.
Error.

Missko

Error.
Error.