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Section 21 Notice to Quit.
Comments
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Is it in an insurance based scheme or is the deposit money held by the scheme?
If the former, the LL should simply repay you from his own funds.
If the latter, he may have some delay extracting it from the scheme - though if all is amicable he could pay you himself and you could authorise the scheme to release the deposit to the landlord0 -
Is it in an insurance based scheme or is the deposit money held by the scheme?
If the former, the LL should simply repay you from his own funds.
If the latter, he may have some delay extracting it from the scheme - though if all is amicable he could pay you himself and you could authorise the scheme to release the deposit to the landlord
I have a Certificate of Tenancy Deposit Protection issued by the DPS.
It states the Tenancy Start Date as 1/3/17 with the deposit being protected on the 14/3/17.
The Landlord/Letting Agent section details the previous Letting Agent.
Surely if this information changes there should be an onus on the new Letting Agent to update the details.
When I access my DPS record online it says Deposit Protected available for repayment.
When the new Letting Agent took over they created a new AST and issued me with a Tenancy Agreement surely this date should be on the record and not the one previously created by the old agent. On taking over they changed it from the Periodic Tenancy it had become to an AST.
More importantly as the new Agent created a new AST should they not have provided me with -
An Energy Performance Certificate
Gas Safety Record
Government How to Rent Guide
As I understand it failure to provide any of these invalidates a Section 21 Notice.0 -
I have a Certificate of Tenancy Deposit Protection issued by the DPS.
It states the Tenancy Start Date as 1/3/17 with the deposit being protected on the 14/3/17.
The Landlord/Letting Agent section details the previous Letting Agent.
Surely if this information changes there should be an onus on the new Letting Agent to update the details.
When I access my DPS record online it says Deposit Protected available for repayment.
No the onus is on the landlord to sort his admin out. He is the one who had a contract with the old letting agent and who now has a contract with the new letting agency.When the new Letting Agent took over they created a new AST and issued me with a Tenancy Agreement surely this date should be on the record and not the one previously created by the old agent. On taking over they changed it from the Periodic Tenancy it had become to an AST.
A periodic tenancy is an Assured Shorthold Tenancy.
Why surely should the date have changed?More importantly as the new Agent created a new AST should they not have provided me with -
An Energy Performance Certificate
Gas Safety Record
Government How to Rent Guide
As I understand it failure to provide any of these invalidates a Section 21 Notice.
As long as you were provided with the EPC and How to Rent Guide at the start of your original tenancy that's all that matters. The documents don't need to be re-issued every time a new fixed term contract is signed or a new periodic tenancy begins. Likewise you should have been issued with a copy of the GSC at the start of your original tenancy and then a copy of the new GSC whenever it was renewed which has to be done annually.0 -
No the onus is on the landlord to sort his admin out. He is the one who had a contract with the old letting agent and who now has a contract with the new letting agency.
A periodic tenancy is an Assured Shorthold Tenancy.
Why surely should the date have changed?
As long as you were provided with the EPC and How to Rent Guide at the start of your original tenancy that's all that matters. The documents don't need to be re-issued every time a new fixed term contract is signed or a new periodic tenancy begins. Likewise you should have been issued with a copy of the GSC at the start of your original tenancy and then a copy of the new GSC whenever it was renewed which has to be done annually.
I have checked all the Paperwork issued by The Original Letting Agent and can't find any mention of the Government How to Rent Guide. I do not have a physical copy of it nor have I signed anywhere to say I received one.
If it were to go to Court would the onus be on the other Party to prove I had received a copy (ie signed for one). As the new Letting Agent would have to go to the original one in order to source this information which as far as I am aware proof of service does not exist would this alone be enough to thwart the section 21 application.
I genuinely do not remember receiving a copy and it seems there is no evidence I did. Also it is not something that can be "backdated" as it were , either you got it at the outset or you didn't.0 -
I've somewhat lost track with your key concern now. Is it to contest the S21? You've had advice on this, but for more info, download/read:
S21 checklist (Is a S21 valid?)
If it is getting your deposit back - again I think that's ben covered but you can read:
* Deposits: payment, protection and return (already linked for you I think)
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Failing the above this is an excact copy of the Renewal Notice I received in July this year.
Dear Tenant,
Re:Property xxxxxxxxxxxxxxxxxxxxxxx
As you are aware the tenancy at the above property is due to expire on 1/8/18 we require your instructions as to whether you wish to renew the tenancy with your Landlord.
The Landlord has confirmed they are happy to go ahead with an extension for a further 6 months, the rent will remain at £ xxx pcm.
Please complete the attached Confirmation of Extension Instructions document and return to the above office as soon as possible in order that we can discuss your wishes with the Landlord and obtain their instructions.
The renewal fee will be £72 and can be paid by cash,cheque or online transfer.
We look forward to hearing from you.
Yours sincerely,
xxxxxxx
Letting Agency Name and details.
Is this the smoking gun that will derail the granting of a posession order ?0 -
I've somewhat lost track with your key concern now. Is it to contest the S21? You've had advice on this, but for more info, download/read:
S21 checklist (Is a S21 valid?)
If it is getting your deposit back - again I think that's ben covered but you can read:
* Deposits: payment, protection and return (already linked for you I think)
I am thinking in terms of it goes to court - I didn't receive a Government How to Rent Guide so is that enough to prevent posession being granted as no Section 21 can be issued without it according to the guide.0 -
S21 checklist (Is a S21 valid?)0
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S21 checklist (Is a S21 valid?)
"For use in England Only"
"This tool only applies to section 21 notices served in relation to tenancies of properties let in England. Different rules apply in Wales."
Did you forget I live in Wales ?0 -
Normally at this stage we ask, "what's your aim here?"
Do you want to stay till 31st Jan, do you want to stay as long as possible, are you just trying to make life hard for the LL?
Even if the S21 was valid, if you didn't move out on 1st December, there's no chance of being evicted by end Jan so you are OK on that front.
From this sentence "after they have expended a considerable amount of money for the privilege." It looks like you have a problem with the agent, but remember it's not the agent that will be paying and going to court, all of that pain goes on the LL. So depends on whether he was a decent LL or not whether you want to punish him.0
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