Landlord didn't protect the deposit. Given notice, where do we stand.

SmashedAvacado

All of this talk about the s21 notice (if the notice was in fact a s21 notice) being invalid is right but also irrelevant to the OP who wants the balance of their deposit back.

Staying in the property will continue rent liability which presumably the OP does not want to do.

The OP should inform the landlord that she / he has the right to claim 3 times the value of the full deposit from the landlord unless the landlord immediately repays the balance.

Comms69

SmashedAvacado wrote: »

All of this talk about the s21 notice (if the notice was in fact a s21 notice) being invalid is right but also irrelevant to the OP who wants the balance of their deposit back.

Staying in the property will continue rent liability which presumably the OP does not want to do.

The OP should inform the landlord that she / he has the right to claim 3 times the value of the full deposit from the landlord unless the landlord immediately repays the balance.

Yes but if the landlord is keen to get vacant possession they could pay more just to ease the transition

norainbows

After all that life has thrown a spanner in the works.... the joys of private renting. New house owner has decided not to let the house out after all.

Pixie5740

Your friend hasn't served notice to end her tenancy and the landlord hasn't served valid notice that will stand up in court so there's no rush for her to move. Every cloud has a silver lining.

I do hope your friend has been reimbursed all the letting agency fees she has paid out if the landlord has down a u-turn. If not I'd be sending a letter before action requesting a refund.

sparkey1

All deposits must be registerred with an official scheme within 6 weeks.

Your friend can take the landlord to court and claim 3 times the value of a the deposit as compensation. Its pretty much automatic.

A S21 notice is not enforcible without proof of deposit protection. In addition the property should have a valid gas safety certificate and an EPC. The court would expect to see the documents before taking any action against a tenant on behalf of a landlord.

norainbows

Pixie5740 wrote: »

Your friend hasn't served notice to end her tenancy and the landlord hasn't served valid notice that will stand up in court so there's no rush for her to move. Every cloud has a silver lining.

I do hope your friend has been reimbursed all the letting agency fees she has paid out if the landlord has down a u-turn. If not I'd be sending a letter before action requesting a refund.

Thank you. The LL just sent her a text message saying they're sorry but hey have to sell the house and give them 2 months notice. No other details in the text message; this was it!

I assume this is not valid appropriate notice? As far as understand there's also the problem with not protecting the deposit, no gas safety cert and no EPC. How will the LL proceed lawfully to get my friend out of her house. She has children and they are both working.

norainbows

sparkey1 wrote: »

All deposits must be registerred with an official scheme within 6 weeks.

Your friend can take the landlord to court and claim 3 times the value of a the deposit as compensation. Its pretty much automatic.

A S21 notice is not enforcible without proof of deposit protection. In addition the property should have a valid gas safety certificate and an EPC. The court would expect to see the documents before taking any action against a tenant on behalf of a landlord.

Thank you Sparkey. My friend can't afford to go through the courts although she has no idea how much this would cost.

She hasn't been served an S21 just sent a text message saying they needed the house back. No deposit protection I think she's been there 2/3 years now. No gas safety cert or EPC.

Pixie5740

norainbows wrote: »

Thank you. The LL just sent her a text message saying they're sorry but hey have to sell the house and give them 2 months notice. No other details in the text message; this was it!

I assume this is not valid appropriate notice? As far as understand there's also the problem with not protecting the deposit, no gas safety cert and no EPC. How will the LL proceed lawfully to get my friend out of her house. She has children and they are both working.

You've already been directed to both G_M's Ending/Renewing an AST and the Section 21 validity checker. They both contain the information you, or rather your friend, requires. Your friend can also seek advice from Shelter.

GDB2222

I don't think asking the same question multiple times is going to alter the answer.

SmashedAvacado

norainbows wrote: »

Thank you Sparkey. My friend can't afford to go through the courts although she has no idea how much this would cost.

She hasn't been served an S21 just sent a text message saying they needed the house back. No deposit protection I think she's been there 2/3 years now. No gas safety cert or EPC.

Your friend does not need to "go through the courts". It is the landlord that would have to make an application, and woudl be given the court papers and asked to file a defence. To make an application to court the landlord has to give confirmation to the court that it has served a valid notice. If it has not done, it cant make that declaration. if it makes a false declaration, you can write int he defence that no valid section 21 notice has been served and send it back to the court. The court would then dismiss the proceedings. It wouldn't cost your friend anything.