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    • helpneeded2017
    • By helpneeded2017 7th Jun 17, 2:50 PM
    • 14Posts
    • 1Thanks
    Possesion Order Question
    • #1
    • 7th Jun 17, 2:50 PM
    Possesion Order Question 7th Jun 17 at 2:50 PM
    Hiya all,

    Need some help for my brother,

    My brother has a rental contract that ends on July 2nd, he has signed a contract for a new house which he is due to move in on September 1st- it is cheaper- he has two children a one year old and a three year old.

    He has rental arrears of 2250 but has put a plan to the LL which would see these gone by September 1st when he moves. This was rejected by the LL and the last correspondence was that he had said he would try and see if he could get the September date earlier, he has just returned to full time work following suffering severe depression following an attack on him ( that has been investigated by Police so has a ref ) I am of course worried about him from a mental state point of view

    Yesterday he received a possession court date for July 20th ( request made on June 1st )

    I am going to offer my help in his defense but have a few quick questions now ( as unsure ):

    - Can a possession movement be made when he had a letter from LL stating for him to move on July 1st ( dated 05/06 so after the possession order application was made )and we are not at that date yet? The section notice he was given was for July 1st as well, He has not refused to move as the date has not been reached
    - Is it likely he will be made homeless bearing in mind he will be moving out by September 1st and the rent arrears will be paid by then?
    - The LL did not protect his deposit on time and lied in writing to him he had before admitting he did it 200 days later than he stated, is it worth putting in a letter now asking for the deposit ( in full ) + compensation is taken off the arrears owed? Is there a templateicon letter for this?

    Many thanks
Page 2
    • G_M
    • By G_M 11th Jun 17, 3:04 PM
    • 44,106 Posts
    • 52,282 Thanks
    Well there you are.

    * yes, I'd enter that letter into the defence. The court won't take kindly to it.

    * and as advised, take precautions against harrasment and an attempt at illegal eviction. Get that letter recorded on a police file. Even if they take no action now (very likely at this stage), it means when he dials 999 on the 3rd, they'll have a record of it.
    • helpneeded2017
    • By helpneeded2017 22nd Jul 17, 9:43 AM
    • 14 Posts
    • 1 Thanks

    Further updates on this,

    We did as suggested and he submitted the letter to the court with the letter from the LL stating he would ignore the court order and a payment plan ( as the other property fell through - not down to him I must say but the tenants in the property wanting to remain ), he has since had a new job on better pay and maintained the payment plan

    He got a letter saying a new court date of August 1st has been set after he sent the letter

    Today he has received a letter from the court saying that on July 11th District Judge it is ordered that " Adjourn generally with liberty to restore, if not restored by December 31st then the claim be struck out"

    Am I right in suggesting that that means as long as he maintains the agreement submitted to the court he will be fine and does not need to go on August 1st?- will get him to call on Monday to make sure

    On a separate point the LL has cancelled the deposit protection on June 31st - he has email from TDS to confirm it- should he be letting the TDS know he is still living there and it should be protected

    He is still looking to move btw but at least if I am correct it will give him some breathing space to find somewhere
    • GrumpyDil
    • By GrumpyDil 22nd Jul 17, 12:48 PM
    • 154 Posts
    • 112 Thanks
    Ok. That means the existing section 8 procedure is suspended as long as he keeps to his payment plan etc.

    I'm not sure how the landlord could cancel the deposit as my experience is that it needs both parties to agree to release it so I would check exactly what the email says.

    Also has he also received a S21 notice which is a straightforward notice that the landlord wants a property back and two months after service the landlord can apply for accelerated possession. As long as all paperwork is up to date there is no defence for a properly served S21.

    And it's a little bit unclear but has your brother ever served his own notice as I recall that being mentioned and that would bring a whole extra lots of problems if he then fails to move out.
    • helpneeded2017
    • By helpneeded2017 22nd Jul 17, 1:44 PM
    • 14 Posts
    • 1 Thanks
    Hi thanks for the reply,

    No he has not served notice his end thankfully and he has not had a section 21 either,

    I have just called my brother and asked for the exact wording and it says

    "We have been informed by your letting agent or landlord, that the tenancy deposit registered with TDS relating to your tenancy at .......... , has been removed from our database.

    This means that unless you tell us within 30 days of the date of this email that you consider that the protection should not have been ended, we will remove your protection."

    So I will get him to let them know he is still in the property
    • tranmereforever
    • By tranmereforever 22nd Jul 17, 9:26 PM
    • 807 Posts
    • 2,089 Thanks
    Somebody with better knowledge will know for sure but I thought a section 21 could not be served while deposit is unprotected so landlord may be shooting himself in foot as until he does again he cannot issue it - again I may be very wrong on this
    July 2015 Wins- Shaun The Sheep Goody Bag, 4x Books

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    • G_M
    • By G_M 22nd Jul 17, 9:48 PM
    • 44,106 Posts
    • 52,282 Thanks
    Somebody with better knowledge will know for sure but I thought a section 21 could not be served while deposit is unprotected so landlord may be shooting himself in foot as until he does again he cannot issue it - again I may be very wrong on this
    Originally posted by tranmereforever
    You're right - unless of course the LL returns the deposit to the tenant when it is released from the scheme.

    But the tenant's real issue is not a uture S21 Notice, but re-actition of the S8 if the payment plan is nt kept to. The deposit won't affect that.

    The arrears must be paid off.
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