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Hi all!

My landlord is trying to evict me because she doesn't want to carry out the necessary repairs in the property. I want to go to court to be evicted. In the meantime, I know that she has not complied with the law in not securing the deposit.

I want to know if I can make a counterclaim straight away to get the 3 times the deposit plus the deposit or shall I wait until I am evicted to make such claim.

Because I am scared that if I put it on the couterclaim, the landlord will go and secure the deposit before I am evicted.

And shall continue to pay the rent while the court is dealing with the landlord's claim?

Many thanks.

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Cases show that your landlord can protect your deposit all the way up to the court hearing date. Therefore it makes no difference if you lodge a claim now or later, you cant stop your LL protecting it.

 

On what grounds is your LL trying to evict you? What douments have you been served?

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Hi Planner,

 

Thank you very much for your reply. I believe it is because I complained to the Council that there were disrepairs in the property. So shall continue to pay rent while the court process the eviction claim?

And then, shall I wait until I am evicted to claim the deposit penalty?

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You must carry on paying the rent as long as you are in the property, even if you are under threat of eviction.

 

What notice have you been given? If your deposit is not protected then it affects what procedure can be used to evict you - thats why the documents served are relevant. The LL cannot use the 'notice only' grounds (s.21) to evict you as long as the deposit remains unprotected.

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