Just hoping for a bit of advice and trying to make this post as short and sweet as possible
Moved into a property on 30th July 2010. Deposit was protected under the DPS custodial Scheme. Never received Prescribed information.
Lots of problems with house, drains in disrepair, ceilings falling down the lot.
Anyway, after numerous disagreements with Managing Agent and landlady they issued us with a section 21 notice requiring possession back in December 2011 requiring possession by the 29th February 2012.
We had had enough so decided to move out a couple of days before the 29th February 2012.
Landlady initiated eviction proceedings against us even though we had moved out, I went to court to argue these as they were trying to charge me for it.
I lost at the hearing although I think I can see what the judge was doing as if he had set it aside we would technically still be liable for the rent. The thing is as part of my defense I claimed that the section 21 was invalid as we hadn't been provided with the prescribed information as per the housing act 2004 etc, just before we went into the hearing the managing agent gave me a load of documents and in it were the PI information. However, the PI they gave me was forged. The PI she had signed as if she had signed it back in 2010 however the rules changed under the localism act 2012 giving the landlord 30 days instead of 14, the one she had signed was 30 days, I've just had a copy of the actual in force terms and conditions from the DPS today that state 14 days when the tenancy was first signed. So no doubt at all she forged the docs.
Anyway, the landlady continued with her claim and the eviction date was set for May 2012 (again we had already moved out)
After over a year of correspondence between me and the managing agent they kept on threatening to take us to court for all the rent that was due up until the official eviction date which was in may 2012 even though we had moved out at the end of feb.
I accept there was rent due up until February however we were locked in a dispute regarding rent payable whilst building works were being completed to bring to house up to standard so I refused to pay it until it was sorted, it was never sorted and by the end we were 3 months over due. Again I accept this money is due (around £2100).
I've been following the case law regarding deposit protection and it appears that our deposit was not properly protected however there was some caselaw that meant you couldn't claim if it had happened before April 2012? I'm a bit fuzzy on the details. But if the landlord claims that we had possession up until the eviction date in may I can claim?
I know the water has been muddied further with the recent superstrike appeal case which states that as soon as your AST becomes periodic your deposit should be re-protected and the PI sent out again.
All I want to do is put the whole thing to bed and get my deposit back (£700) and have nothing else to do with the lying and cheating managing agent but I feel I'm going to have to fight this sooner or later as the Agent seems to like taking things to court.
Under the superstrike case, does this mean that if I was to claim for them not sending me the PI during the 6 month AST and I can also claim under the Periodic tenancy as well? I'm looking to extinguish the alleged debt (some £4500)
The other thing I was thinking was technically it's an unlawful eviction as I can prove they hadn't issued us with the PI?
I may be clutching at straws but have really been done over by these people.
( I have attached the DPS terms and conditions that were in force between April 2010 until September 2010 which clearly state 14 days)
The most up to date ones can be found on the DPS website