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About hairyb

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  1. The Section 21 notice does not have to be supplied as a prescribed form so there is nothing that could be faked surely? However the section 21 does have to be valid. I presume you are a Landlord Steve and may find this interesting From the Housing Act 2004 ---------------------------------------------------------------------- 215 Sanctions for non-compliance (1) If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when— (a) the deposit is not being held in accordance wit
  2. Hi I respect your opinion but are you trying to say that by the tenant not checking the section 21 that was issued then, invalidates the fact that the section 21 was invalid in the first place. I complied with the section 21 notice believing it was valid and dutifully 'vacated' the premises as requested - why should I wait for a court order and go down that route? I was just fulfilling my duties as a tenant. It only came to light when my tenancy ended when I asked for my deposit back and found it was not protected - of course the landlord then sent it off to be protected - lik
  3. Problem is as I see it - he cannot give me a new section 21 as I have left the property - the deposit was not protected when he served the section 21 and he was not allowed to serve one and he cannot rectify his mistake.
  4. Hi LL serves Section 21 T leaves thinking it was valid T finds out afterwards that deposit was not protected but LL has now protected the deposit - like they do. But this stll means the Section 21 was invalid - yes? I have been informed off another forum that I may have a case for damages for various reasons. My question is on what grounds would I best pursue this? An invalid section 21 served due to TDS non compliance and therefore Misrepresentation? Negligence? Fraud Act 2006 offence? Your thoughts and opinions would be welcome Many thanks
  5. As I have said before I had it in writing on what I presumed to be a legally binding document - the agreement, and that the deposit would be submitted by the landlord within 14 days also bearing in mind that this was the first time I have rented a property before and was unaware and still am unaware that I had a legal obligation to check that the landlord had done his duty. I did not wait six months for anything - at the end of my tenancy I was informed that the deposit was about to be submitted after I asked for my deposit back.
  6. You really really do not get the point do you? And looking at most of your posts you seem to take a confrontaitonal attitude to anybody seeking advice and also seems to enjoy a good argument - I will not be drawn into one with you - anybody else reading this post will hopefully realise what I am trying to convey. oh by the way look what I have found - do you think this maybe usefull to me or indeed anyone else? especially as according to you they have no chance in bringing a claim against a landlord for TDS non compliance? seeing that you state that they can apply what ammounts
  7. You are somehow missing the point here - I was told that the deposit would be submitted and held by the DPS within 14 days in writing in a legally binding agreement - so why should I check the status? The onus is not on me to make sure the deposit is protected as well you should know. Besides logic I believe any Judge would also have to adhere to the prescribed legislation in this matter for which I see no mention of the tenants responsibilty to make sure the deposit is protected. I believe after reading other posts that a possible reason that a judge may allow retrospective co
  8. Really what???? Ahh silly me I am the one to find out where it is really held am I? When the landlord and agent commit themselves in writing and tell me it will be held by the DPS within 14 days time. So,when I enter into an agreement with terms and conditions and they have not been fullfilled it's tough is it? If retrospective compliance was permitted, there would be no point in having the legislation whatsoever.
  9. Hi My landlord's letting agent or the landlord himself Did not secure my deposit in a TDS during my 6 month tenancy until I asked for my deposit back at the end of the term - the agent said the landlord claims some damage to his property and that they have now sent off our deposit (nearly 2 weeks after we vacated the property?) and The Deposit Protection Scheme will have to deal with the problem?????? I have read a lot of TDS non compliance threads on here and different views and I wish to know if I possibly have a case against the landlord or his agent for TDS non compliance ba
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