should my deposit be portected under tds??

N79

You have a pratt for a landlord.

Notice is not valid.

You do not have to leave.

Notice should be in writing and should refer to the Housing Act. It should be worded according to the old version of the act (1988) section 21. This is why it is called a section 21 notice.

You should be given at least 2 months notice in the prescribed form requested possession. Possession must co-incide with the end of rental period.

So if she served correct notice tomorrow that would be two months notice from the end of this rental period = 21 Jun so she would request possession after the 21 Aug.

If you do not leave on the 21 Aug then she would need to seek possession via a court and you would then argue that the notice is invalid because the deposit is not protected.

N79

Tori_Bellatrix

sooz wrote: »

In writing, & in the form of a section 21

''legal advisor'' :rotfl: :rotfl: :rotfl:


edit - snap Tori!

Lol ... Same link ... Spooky ...

sooz

N79 wrote: »

You have a pratt for a landlord.

I agree

clutton_2

she clearly does not know what she is talking about - an amateur landlady

notice HAS to be in writing AND written in the correct format - verbal notice is UTTERLY insufficient. a notice to quit is called a Section 21 Notice - look in your tenancy documents and make sure she did not include one in the original agreement.


""If you do not vacate the property by noon on 7th june 08, I will regretfully be forced into a position where I will be seeking compensation from you."

her next move after the expiry of the Section 21 is to issue court proceedings against you to get you out - its not a matter of compensation. BUT she cannot issue a Section 21 if your deposit (or part deposit i would have thought) was not protected She will HAVE to take you to court to do this - and a court MAY rule that she should have protected it - but they may rule otherwise.

as others have said - this is new legislation and there are no precedent rulings on this matter as yet

i would stay put - wait for her to take you to court - and then your defence will cost you nothing - if you take her to court you have to pay court costs and even if you win the judge may not award costs

try to stay calm, you are in a very strong position.

N79

The only thing I hate more than bad tenants is ban landlords. They give those of us that consider ourselves good landlords a bad name.

If your idiot landlady ever manages to provide correct notice post don't be afraid about going to court and arguing about your deposit / validity of the notice. You are in a very strong position.

My only comment to you now is to conduct all further correspondance with your LL in writing. Courts have absolutely no time for bad LLs, especially ones which spout rubbish law to their tenants in an attempt to bully them.

tbs624

Jenna - was your original contract a Fixed Term for 6/12 months and you are now under a Periodic Tenancy? The S21 notice is slightly different in either situation: if you are still within your Fixed Term it has to be under S21 (1) but once a Tenancy has become a Stat Periodic it's under S21(4).

(Useful case in Harrogate: Adamson v Mather (2004) regarding S21 wording.)

Either way, as the others have said, it absolutely HAS to be in writing.

On the deposit issue the fact that you signed the agreement before April 6 2007 and gave an initial deposit then clearly means that part falls out side the scheme registration requirements but I think it could be argued that the second payment *should* have been registered. Again, as others have said, there is yet to be a court determination of these types of issues and the poor legislative wording seems to have left much open to interpretation.It would be good to see Shelter or a couple of the law centres takes these on as test cases.

jenna0903

does anyone think I should just go ahead with small claims??:D or if I should hold off and let my landlord take me to court when her "notice" is up?

The thing is when she gave me notice back in April she said it was because she was putting house on market- which it is and which Im having to let strangers view the house. But she infomed on the letter I quoted earlier that she now has a new tennant arranged for 7th June when Im due to leave (I dont know if she really has) and if I dont move out she will apply for compensation for tennant not being able to move in on this date and also loss of rent earnings as new tennant will be paying a higher rent than what im currently paying....

sooz

jenna0903 wrote: »

does anyone think I should just go ahead with small claims??:D or if I should hold off and let my landlord take me to court when her "notice" is up?

The thing is when she gave me notice back in April she said it was because she was putting house on market- which it is and which Im having to let strangers view the house. But she infomed on the letter I quoted earlier that she now has a new tennant arranged for 7th June when Im due to leave (I dont know if she really has) and if I dont move out she will apply for compensation for tennant not being able to move in on this date and also loss of rent earnings as new tennant will be paying a higher rent than what im currently paying....

Hold off, wait for her to take you to court (& be thrown straight back out of court!), & ignore her threats. Her 'notice' is invalid, full stop. As for the deposit scheme, it is a very grey area.

As N79 said, only communicate with her in writing.

And you don't have to let anyone view your home if you don't want to.

N79

jenna0903 wrote: »

does anyone think I should just go ahead with small claims??:D or if I should hold off and let my landlord take me to court when her "notice" is up?

The thing is when she gave me notice back in April she said it was because she was putting house on market- which it is and which Im having to let strangers view the house. But she infomed on the letter I quoted earlier that she now has a new tennant arranged for 7th June when Im due to leave (I dont know if she really has) and if I dont move out she will apply for compensation for tennant not being able to move in on this date and also loss of rent earnings as new tennant will be paying a higher rent than what im currently paying....

This really depends on what you want to do. If you want to stay in the house for as long as possible then I would wait for the LL to take you court.

In the meantime you can always exercise your right to "quiet enjoyment" of the property and refuse access for any more viewings. You do not have to let them do viewings. They have to get your agreement. How reasonable you are is up to you.

However, I would suggest that you are a little bit reasonable and I would say that at the minimum you should set 1 time slot per week for viewings (perhaps one evening during the week between 6 and 8 or whatever works for you). But if the LL gets difficult over this then withdraw and refuse all viewings.

It never fails me that LL think they can evict tenants from their homes and expect access during the notice period.

N79

jenna0903

tbs 624- I was on a 6 month fixed assured shorthold tenancy contract which is now a periodic contract.

thanks for your info:o