Section 21 - Where do we stand.?

libf

Paddy_Jive wrote: »

Guest101 That's True.

He lives in Scotland, 14 hrs drive, so can't imagine him turning up but his estranged wife may.!!
I guess it's just a case of seeing what happens on 30th September.

Thanks for all you help

Get the locks changed before then.

Paddy_Jive

libf wrote: »

Get the locks changed before then.

Guest101 wrote: »

1: You carry on paying the agreed rent.
2: you say nothing, change the locks and live at the property.

Can we do that legally, I mean changing the locks isn't going to reflect badly on us is it.?

Paddy_Jive

How do I go about suing for non-protection of deposit.? I spoke to a solicitor but they just said it would be easier if we just moved out when asked.!?!

libf

Paddy_Jive wrote: »

Can we do that legally, I mean changing the locks isn't going to reflect badly on us is it.?

http://www.landlordlawblog.co.uk/2010/07/13/locks-and-keys-%E2%80%93-what-are-tenants-rights/

Guest101

Paddy_Jive wrote: »

Can we do that legally, I mean changing the locks isn't going to reflect badly on us is it.?

Of course, it's your home after all.

Just replace the lock when you leave.

Since your landlord should not turn up without 24 hours notice, the only way he/she would know, is if they tried to get in without telling you. - Who's that going to reflect badly on?

Guest101

Paddy_Jive wrote: »

How do I go about suing for non-protection of deposit.? I spoke to a solicitor but they just said it would be easier if we just moved out when asked.!?!

Solicitors dont cover all the laws. (some only know their speciality)

It's like doctors, you wouldn't see a paediatrician if you had a head wound.

The solicitor you spoke to clearly has no knowledge on housing /tenancy laws.

You need to apply to your local county court, who may handily tell you that the small claims track is now handling these. If not look at http://www.tenancydepositclaims.co.uk/

G_M

You've had good advice above.

For more on validity of S21, and how to claim penalty etc, read:
* Deposits: payment, protection and return

Locks: Change for your security. LL could theoretically apply for a court order to force you to replace them, but
a) it takes time & cost
b) you'd defend by telling court he'd tried to enter without prior notice (how else would he know you'd changed them?) and also he was illegaly trying to evict (invalid S21). Where will judge's sympathies lie.....?

Notice periods etc. Read
* 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?

Boiler. There is no requirement for an annual report on an oil boiler however
a) it must be safe
b) the property's heating system must work

If either a) or b) apply, see
* Shelter (Repairs in private rented homes)

thesaint

Paddy_Jive wrote: »

Can we do that legally, I mean changing the locks isn't going to reflect badly on us is it.?

It depends what your tenancy agreement states.
Beware of taking advice from people who give advice without knowing, or even bothering to ask for facts.

DandelionPatrol

Paddy_Jive wrote: »

How do I go about suing for non-protection of deposit.? I spoke to a solicitor but they just said it would be easier if we just moved out when asked.!?!

Find a better solicitor.

But if you have any sense, you will put this on the back burner. You want to stay where you are until November, so why start something which will send your LL to a solicitor who, if he is any good, will sort out the Landlord to return your deposit and get a new S21 notice sent?

Only sue for non-protection once you have given your own notice.

Guest101

thesaint wrote: »

It depends what your tenancy agreement states.
Beware of taking advice from people who give advice without knowing, or even bothering to ask for facts.

Does it matter what it says?

What's the worst case scenario? They have to put the old lock back on...