Section 21

gemsunny

I have been issued a Section 21 notice to leave the property that I have rented for over 6 years. My deposit is not protected, was charged over 6 weeks deposit. I have no gas safety certificate and also no new Electricity Certificate (last one was done in 2017). Can I sue my landlord for the above issues? 

aliens_vs_creditor

I would suggest getting in touch with your local council or Shelter as the S21 may not be valid (this can differ between England and Wales I believe)

PRAISETHESUN

I agree that it sounds like the S21 may not be valid, but it'd be worth getting independent advice. In any case I wouldn't tell your LL - that will buy you a lot more time as it will get thrown out if/when it gets to court and they will have to correct their mistakes and re-issue S21.

For more info RE: the deposit situation specifically, see here: Post 3: Deposits

gemsunny

Many thanks so far - very useful.

theartfullodger

Agree with above, s21 sounds invalid.

But an s21, even if valid, does not end a tenancy nor compel tenant to leave.

I would humbly suggest you best option (other than deposit protection claim) is to do nothing.

Wait until s21 expires, landlord applies to court, you receive court papers.  Then respond - to court not landlord- with details of why your s21 is invalid.  Informing landlord any earlier will only help him work out any other options he's got earlier...

There are many no-win, no-fee merchants helping with unprotected deposit claims: But the shelter link here 

- is great and free info on how you can claim up to 3xdeposit.  
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim

- but in doing so you'd point out to landlord one of his errors.

Stupid landlord!  Good luck!

Artful: Also a landlord, likely stupid myself.

MaryNB

They only had to return the extra week's deposit if you renewed the tenancy since the Tenant Fees Act 2019 came into force. 

Make sure you check on all three schemes but if it definitely hasn't been protected, the S21 is invalid until they return the deposit in full. If you want to stay at the property I would advise not raising the issues of the deposit and GSC until it gets to court. The court will throw out the case since the S21 is invalid and the landlord has to sort out the issues before issuing another. They'll really struggle to evict you.

PRAISETHESUN said:

I agree that it sounds like the S21 may not be valid, but it'd be worth getting independent advice. In any case I wouldn't tell your LL - that will buy you a lot more time as it will get thrown out if/when it gets to court and they will have to correct their mistakes and re-issue S21.

For more info RE: the deposit situation specifically, see here: Post 3: Deposits

I'm a bit confused about the info on that link. It says they have up to 7 years after the tenancy has ended to claim for an unprotected deposit. 
Shelter says it has to be done within 6 years of the breach of rules.
If shelter is correct, OP cannot claim unless their tenancy was renewed less than 6 years ago. 

gemsunny

Hi when you say claim - does that mean cannot claim compensation or have no defence against a S.21 if over 6 years old?

canaldumidi

MaryNB said:

I'm a bit confused about the info on that link. It says they have up to 7 years after the tenancy has ended to claim for an unprotected deposit. 
Shelter says it has to be done within 6 years of the breach of rules.
If shelter is correct, OP cannot claim unless their tenancy was renewed less than 6 years ago.

Re the difference between G_M's post and Shelter's advice, The Housing Act 2004 (as amended) permits action both during a tenancy, and after a tenancy has ended [S214 (1A)].

Therefore a claim must be possible after the end of, say, an 8 year tenancy where the deposit was taken at the start.

It may well be that 6 years, not 7, is the limitation on making a claim, but that clock must start ticking at the end of the tenancy [S214 (1A)], not at the point the deposit breach ocurred.

I think!

One would have hoped that Shelter, a large organisation backed by professional housing experts, would be more reliable than a single amateur poster on a moneysaving website, but that is not always the case...!

I agree there is some doubt, and it's a shame G_M would be unable to update or amend his post. Whilst his thread still has considerable value there are a number of areas where the law has changed, so it's a shame the mods have taken the action they have.

gemsunny said:

Hi when you say claim - does that mean cannot claim compensation or have no defence against a S.21 if over 6 years old?

There is no doubt that however long since the deposit was taken and the breach arose, a S21 would be invalid. (though you should double check with each scheme).

Whether a compensation claim can be made is, I believe, as per my reply above.

gemsunny

Many thanks for the clarification - it is greatly appreciated.