Tenancy Deposit Scheme/section 21 penalty

mrswoodx

I would be extremely grateful if you could advise me on the following matter:
We are a married couple with 2 children, renting from a private Landlord in Cleveleys, Lancashire. 5 months into the tenancy I fell ill and lost my job, subsequently we fell into £285 arrears. We were givena section 21 notice but we then found out he hadn't protected our bond and as a penanlty was unable to serve the section 21. Within a matter of days he did protect our bond, in order to serve us a section 21, which he did a day after protecting our bond, 5months after he recieved it. My questions is, can he do this? It seems unfair that Landlords can protect the bond on a need-to basis and not lose any rights themselves. Please advise on this matter if at all possible. Again, this would be much appreciated.

Kind Regards
Lisa Wood

Tassotti

Seems unfair that you don't pay him, but expect him to pay you

N79

Sorry but yes, he can.

I would strongly recommend that you edit your post to remove your phone number.

Captain_Mainwaring_2

Tassotti wrote: »

Seems unfair that you don't pay him, but expect him to pay you

You beat me to it.

And good to see that is a LL is quick and threatened with this rubbish legislation that the tenant seems not to be able to take retrospective action, so long as the bond is lodged later.

For me, I shall be using a good lawyer and a £1 deposit from now onwards, let money grabbing tenants and the inland revenue take a hike.

mrswoodx

I actually lost twins and fell ill, then lost my job, I am no longer in rent arrears but communications have broke down with landlord, but thanks for your help.

Captain_Mainwaring_2

mrswoodx wrote: »

I would be extremely grateful if you could advise me on the following matter:
We are a married couple with 2 children, renting from a private Landlord in Cleveleys, Lancashire. 5 months into the tenancy I fell ill and lost my job, subsequently we fell into £285 arrears. We were givena section 21 notice but we then found out he hadn't protected our bond and as a penanlty was unable to serve the section 21. Within a matter of days he did protect our bond, in order to serve us a section 21, which he did a day after protecting our bond, 5months after he recieved it. My questions is, can he do this? It seems unfair that Landlords can protect the bond on a need-to basis and not lose any rights themselves. Please advise on this matter if at all possible. Again, this would be much appreciated.

Kind Regards
Lisa Wood

Now, about those arrears....

Tassotti

I am truely sorry for your loss.

The way the post came across is that you wan't to steal money from your LL.

I don't know how you can go forward, but hope it all turns out okay

Tass

Captain_Mainwaring_2

mrswoodx wrote: »

I actually lost twins and fell ill, then lost my job, I am no longer in rent arrears but communications have broke down with landlord, but thanks for your help.

That I'm sorry about - but life goes on.

A more crass person than myself would ask why your partner (cannot assume a husband these days) was unable to help you with the rent? At some point he would have to support the children if you hadn't suffered your loss.

mrswoodx

My post states I fell into arrears, which I did, my landlord gave me 4 weeks notice to move out, because I found out my rights and argued that 4 weeks was the incorrect notice period, communications broke down, hence the section 21. I have cleared the arrears , and am continuing to pay my rent on time, and before you have a go,I do not claim any benefits at all, I am working again. Only wanted a bit of advice, first time I have used this site and genuinelly thought someone could help. The only reson I wish to know if section 21 is valid is because we have been unable to find a suitable property and I am worried we will be homeless. please only reply if you can help.

mrswoodx

To point out, I was £285 in arrears for 3 weeks only, the arrears were cleared the following month. That was the begginning of the fall out between ourselves and our landlord.

barnaby-bear

mrswoodx wrote: »

My post states I fell into arrears, which I did, my landlord gave me 4 weeks notice to move out, because I found out my rights and argued that 4 weeks was the incorrect notice period, communications broke down, hence the section 21. I have cleared the arrears , and am continuing to pay my rent on time, and before you have a go,I do not claim any benefits at all, I am working again. Only wanted a bit of advice, first time I have used this site and genuinelly thought someone could help. The only reson I wish to know if section 21 is valid is because we have been unable to find a suitable property and I am worried we will be homeless. please only reply if you can help.

If you can not find accommodation you will not be homeless, you do not have to leave when the notice date arrives. If you stay put the LL will have to evict you. Some councils require it to happen like this if you want to be eligible for council housing (i.e. if you leave when section 21 runs out then can be deemed intentionally homeless - you must stay upto date with rent so LL can not say evicted because of arrears) - which long term would be more ideal (stable tenure) given you have a family, ASTs and their short notice are not suitable for families and it might well be worth a shot trying for council/HA properties.