Section 21 eviction notice

Robbo66

doodling said:

Can I just check that it is actually a S21 that has been issued and not something under S8?  Repossession under section 8 (ground 1) could be used if the landlord is moving back in and you were notified at the start of the tenancy that the landlord might want to do that - in that case the validity of a S21 might not be a relevant point.

Only if a ground 1 notice was served at the commencement of the tenancy

Houndog6105

anselld said:

The Council are not saying it looks invalid.  They are asking you to check if you have received the necessary documents.  So have you checked if your deposit is protected and when, and did you receive the prescribed information?

It seems unlikely that everything would be correct *except* the deposit, but it is by no means impossible.  You need to check.

The prescribed information was not included in the section 21 and in fact we have never received the prescribed information since moving in

I will point out though that i do know that the deposit is protected through DPS and the only way i know this is because when we moved in we received a DPS tenants guide leaflet included with our tenancy agreement 

So i knew from this that most likely that's who they have used for the deposit and luckily i happened to already have an account with the DPS as that is who our previous landlord used, so i was able to see the deposit for our current property and yes they have added it into the DPS scheme on the date we moved in

So to confirm - deposit has been protected but we didn't receive prescribed information in section 21 or with all documentation when moving in

Surely this makes the section 21 not valid and the landlord has refused to give us more time to look past the deadline of march so we may wait until march deadline and then inform the estate agents that the section 21 isn't valid so that would then add another 2 months as they would need to issue another section 21

anselld

Houndog6105 said:

anselld said:

The Council are not saying it looks invalid.  They are asking you to check if you have received the necessary documents.  So have you checked if your deposit is protected and when, and did you receive the prescribed information?

It seems unlikely that everything would be correct *except* the deposit, but it is by no means impossible.  You need to check.

Surely this makes the section 21 not valid and the landlord has refused to give us more time to look past the deadline of march so we may wait until march deadline and then inform the estate agents that the section 21 isn't valid so that would then add another 2 months as they would need to issue another section 21

If you are 100% sure, then yes, it does make it invalid.  However, March remains a decent timescale and it is difficult to see how another two months is going to improve your search options significantly.  The notice will be got right at some point and you will need to face up to that.

propertyrental

There is no requirement to include the Prescribed Information with the S21 Notice.

the only way i know this is because when we moved in we received a DPS tenants guide leaflet included with our tenancy agreement 

Are you sure that did not include the PI?

https://www.depositprotection.com/agents-landlords/starting-a-tenancy/prescribed-information

pinkshoes

I agree with @propertyrental - the fact you received the DPS tenants guide implies you were indeed provided with information letting you know your deposit had been protected, so it sounds to me like the S21 is fine.

Again, this may be your home, but the house belongs to someone else and they want it back. Annoying, but that's the downside of renting. 

How is the search going for somewhere else? Have you asked your LL if he knows of anywhere else to rent? Are there any AirBnBs in the area where you could negotiate a 6 month let to find you more time to find somewhere else?

Looking for reasons the S21 isn't valid is a bit of a red herring, because ultimately you are going to have to move, so you need to focus your energy on finding another home. 

anselld

pinkshoes said:

the fact you received the DPS tenants guide implies you were indeed provided with information letting you know your deposit had been protected

It depends what exactly was given.  The prescribed information, as the name suggests, is explicitly set down in the legislation and if all the information required by law was not given then the s21 is not valid.  The link to the prescribed information has been given by propertyrental so the OP can check exactly what they were given .vs. the legal requirement.  We are just guessing until the OP confirms.