Another rent deposit protection question...sorry!

clutton_2

"""do not have to give a reason" thing."" - known as a Section 21 - he cannot use it if he has not protected your deposit.

emsywoo123

However, in my tenancy agreement, it says he only has to give me one months notice....

scrummy_mummy_2

emsywoo123 wrote: »

However, in my tenancy agreement, it says he only has to give me one months notice....

It doesn't matter what it says in the Tenancy Agreement...the Agreement cannot override statute and statue is the Law. By Law he must give you 2 month's Notice to quit which must be correctly served. As he hasn't protected your deposit, he will be unable to use S21 Accelerated possession procedures and so, without boring you with the details, would have to prove grounds for eviction which can be resisted/defended effectively and vigorously by you should you chose to do so, it would take him MONTHS to get you out!....you could be a real headache if you wanted to be and it would be VERY difficult for him to evict you!
On the subject of suing him for 3 times the value of your deposit back from him...no-one has actually achieved this in the courts yet, to my knowledge, which I am not surprsied about! so don't get too hung up on it.

I'd wait until you wish to leave and then take the matter up, but be prepared for a fight in the courts to recover your deposit as it isn't protected. You could bone up on the procedure in advance. The courts Service has an excellent web site and it's very user friendly...
http://www.hmcourts-service.gov.uk/

Good luck

emsywoo123

I am curiuos as to why no one has been successful? With the reclaiming thing?

Tori_Bellatrix

emsywoo123 wrote: »

I am curiuos as to why no one has been successful? With the reclaiming thing?

If you mean the 3x penalty, I think the reasons we haven't heard of any cases being won yet is because alot of the tenancies that it might affect may only just be coming to an end (If they were new or renewed after April 2007)... I know on Landlord Zone and Consumer Action Group a few claims are now going through the court process but I think the hearings are being held March / April time ...