advice needed about notice 21

G_M

Yes.... and no!

rtho782 wrote: »

It sounds like what has happened, is that in June 2015 the LL decided they wanted you out, but couldn't throw you out as they hadn't protected your deposit, at this point, you could have sued them for not protecting it.
1) this seems quite likely
2) can still claim the penalty (not sue, claim, since it's a 'penalty' not 'damages') - You hve 7 years!

So, they made you sign a new tenancy and protected your deposit. You should possibly have taken advice before signing. They made this as short a tenancy as they legally could (6 months) and served a S21 on signing the tenancy so that they can use it when they feel like. (a horrible tactic of Landlords to avoid having to wait 2 months as is intended to turf you out, I think this is now illegal, but this is too late for you as it wasn't in June 2015).
3) they served the S21 before they registered the deposit, so the S21 is invalid
4) they did not serve the PI, so again, the S21 is invalid
5) they served the S21 at the same time as issuing the contract, so again, the S21 is invalid.
6) the deposit was not registered as required when the tenancy went periodic in April 2008, so, you guessed it, the S21 is invalid!

It looks like you're now in a situation where there is a valid S21 and you need to move out when the S21 expires. It has a previous date on it as it is a copy of the earlier notice.

No - there is not a valid S21 so the OP can choose to

* serve his own (valid) notice once he's found a new property, and leave
* tell the landlord the S21 is invalid, and wait for the LL to serve a new one (which may or may not be valid depending if the deposit is returned first!)
* ignore the S21 and do nothing (other than continue to pay rent of course). If/when the LL applies to court for possession, Op enters a defence on grounds S21 is invalid. Court rejects LL's application. LL has to start again as above
* Negotiate with LL ("your S21 is invalid + I can claim the penalty, but I will leave & won't claim penalty if you....... reduce my rent from now? give me flexibility on departure date? make a one-off payment for removal costs? whatever")

cuddlebunny74

*UPDATE* Been to CAB today & they say the notice 21 is valid, If/when it goes to court I can say that the deposited was registered after I got the notice & no PI received & it would be down to the judge to decide if it was valid or not

Pixie5740

cuddlebunny74 wrote: »

*UPDATE* Been to CAB today & they say the notice 21 is valid, If/when it goes to court I can say that the deposited was registered after I got the notice & no PI received & it would be down to the judge to decide if it was valid or not

What do you hope to gain from letting this go to court? If the Section 21 is indeed valid you have no defence against it and will end up having to pay the court costs. Wouldn't your energy be better spent finding somewhere else to live. Pick your battles.

G_M

cuddlebunny74 wrote: »

*UPDATE* Been to CAB today & they say the notice 21 is valid, If/when it goes to court I can say that the deposited was registered after I got the notice & no PI received & it would be down to the judge to decide if it was valid or not

Let's be clear.

CAB cannot say "It's valid." and then say it's up to a judge to decide.

Yes - of course it is always only the courts/judge who can ultimately rule a S21 as valid or invalid.

What others do, be they informal adviser on the internet, semi-professional advisers like CAB, or professional advisers like solicitors, is try to anticipate what a court would decide.

In this case, I (and others here) anticipate that the court would rule the S21 as invalid. CAB seem to be sort of implying the same thing ("the deposited was registered after I got the notice & no PI received & it would be down to the judge to decide")- so it seems disingeneous to simultaneously advise you it is valid.

In the strictest sense, it is neither valid, nor invalid, till a court decides.

Until then they, and we, can only say "We believe it is valid or invalid". And give reasons.

cuddlebunny74

Pixie5740 wrote: »

What do you hope to gain from letting this go to court? If the Section 21 is indeed valid you have no defence against it and will end up having to pay the court costs. Wouldn't your energy be better spent finding somewhere else to live. Pick your battles.

Just legally where I stand, I started looking for a place as soon as i received the notice, I don't want to stay here any longer than is necessary

RAS

Do make sure that you understand your responsibilities to give notice, tied in with the tenancy periods.

Was there a proper signed inventory in 2007 or at any other time?

cuddlebunny74

RAS wrote: »

Do make sure that you understand your responsibilities to give notice, tied in with the tenancy periods.

Was there a proper signed inventory in 2007 or at any other time?

Not as far as i can remember

RAS

In which case, the LL will find it almost impossible to claim deductions from the deposit. Unless you have very obviously damaged something recently that would show up when compared with streetview, say.