Section 21 issued!

sockpuppet

Deleted - in case seen by LL
Thanks for info given and will prepare to appeal

silvercar

I don't understand why they think they need to serve a section 21 if they believe you don't have a valid tenancy.

But they have served notice, so assuming they have served correctly, you will need to move sooner or later. If you don't move out, the landlord can go to court and you can end up forced out.

Depending on your council, they may offer you housing. Though waiting for a suitable home to come up may mean you are housed in temporary accommodation initially.

If you found a private let, would the father of your child act as guarantor?

G_M

1) do you have evidence of paying the deposit? A receipt? Does the otiginal tenancy agreement state a deposit was oart of the contract?

2) "They have stated in the notice that I 'do not have a valid tenancy'??" Ignore. It's irrelevant as no reason is needed for a 21. Either the S21 is valid or it is not.

3) Have you checked each scheme (see link below)?

4) if the deposit was not regsitered (and assuming there is no dispute about whether you paid one or not), you can enter a defence against the LL's possession claim when the LL goes to court saying the 21 was invalid. the LL will have to start again (first returning your deposit).

5) even if there were no dispute about the deposit and it is registered, this would not help with a new deposit on a new property as you would not receive it back till after you leave

6) Change of agency is irrelevant.

7) By the sound of it, even if the deposit was registered, you never received the 'Prescribed Information' (see link below) so the S21 is invalid


* Deposits: payment, protection and return

G_M

Yes your tenancy is valid: you have been paying rent; the LL has been accepting rent; in return you've been given accomodatin. Thus you have a tenancy.

I assume your original 6 month tenancy was a joint tenancy with your husband? Whate dates? When that ended you (both) moved to a Statutory Periodic Tenancy (monthly).

When he moved out either

* the joint tenancy continued, so he is still a joint tenant (even if not living there) or
* there was an agreement at that time to end the tenancy, and for you to start a new one in your sole name. In that case the deposit should have been returned and a new deposit (for the new tenancy) taken. However the original deposit could well be assumed to have been transferred (nominally returned/repaid).

Either way - the deposit was not registered, so, no, you do not need to leave by 25 Sept. The only way you can be evicted is by a court order. So if you stay, then on or after 25 sept the LL can apply to court. This takes a few weeks whatever happens, however in your case, when you receive the court papers, you defend the LL's claim because of the S21.

the LL then has to return the deposit in full, serve a new S21, and wait another 2 months (so Decemeber of later....)

Plus of course, at any time from now till 7 years after you leave, you can sue for up to 3 times the deposit as penalty for non registration.

read the link.

G_M

sockpuppet wrote: »

Thanks for info given and will prepare to appeal

Of course there is no need to tell the LL now that you'll be appealing the S21 because of the deposit.. That might encourage him to start again now, as opposed to having to start again after Sept.

sockpuppet

Yes, I will keep that all up my sleeve!