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djshorts

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  1. It states on the bottom of the 4 page document ' NOTES (1) A copy of The Deposit Protection Service CustodialTerms and Conditions must be attached to this document. I missed that out
  2. The Prescribed Information wasn't served until after the Court hearings, and as far as I am aware, there are still documents that I have left out to this day. I am concerned about my former T coming back with this claim for compensation, and what my defence will be if that situation arises. Thank you
  3. If anyone can help, this is what I sent to the T - DPS prescribed-information-template.pdf 2 copies - 1 for T and one for me. T emailed confirmation of receipt. I dated it from March 2010 but it was sent April 2012. Apart from the dating error was this correctly served Prescribed Information?
  4. I served a Section 21 in April 2011 (T was 2 months in arrears) but T moved out in March 2012. Was a lengthy process, I received £550 pcm from the council in HB but rent was £650 so £100 missing every month. I did a MCO for rent arrears after Section 21 notice expired and T did not file a defence so I was awarded a judgement. After T moved out I made a Stat Dec to DPS to start the single claims process for rent arrears and damages to my property but was informed that as a judgement was in place I would have to have the order amended for the DPS to pay it to me. T is arguing that I did not comply with DPS t&cs or the housing act because of my PI being served incorrectly and not in time and I believe they will be making a claim against me.
  5. Thank you again So serving a Section 21 does not terminate the existing AST agreement and the LL or T are legally still bound by its contents? I have a court hearing on Monday regarding rent arrears and my T is arguing that as I served a Section 21, rent was not due after it was served. I have also been made aware that there were missing documents from the PI that I served on my tenant. I also dated the document incorrectly, as though it were served at the start of the tenancy. PI was unfortunately served in April 2012 but tenancy started in March 2010.
  6. Hi there, thank you for your reply. My AST states what I have written above. Can I ask what that means to you? I read it as if a Section 21 is served on the tenant, then the AST will no longer continue subject to the T&C's contained in it?
  7. Hi there, I have an AST question and any help would be much appreciated. The AST states that 'The tenancy will then continue, still subject to the terms and conditions set out in this Agreement, from month to month from the end of this fixed period unless or until the Tenant gives notice that he wishes to end the Agreement as set out in clause 4 overleaf, or the Landlord serves on the Tenant a notice under Section 21 of the Housing Act 1988, or a new form of Agreement is entered into, or this Agreement is ended by consent or a Court Order.' The two parts in bold are what I am interested in. Does this mean that if a Landlord serves on the Tenant a Section 21 then the agreement will no longer continue subject to any terms and conditions held within it? Basically serving a Section 21 terminates the agreement and neither party are bound by it? Many thanks
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