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I moved to this house in November 2008 and signed a 6 month tenancy with an agent paying £850 deposit along with the months rent. Didnt get to sign another agreement but assume it was on a rolling tenancy. Anyway, the guy turned out to be taking my money and not paying it over to the landlord, luckily I kept all receipts for payments.

At the beg of last year I started to pay the landlord directly and everything was fine. He had lost out on a few thousand from the letting agent but was pursuing it I think.

About 6 weeks ago the landlord decided to use a new agent (has a few properties nad wanted to consolidate). Agent came along, said need to do credit check, I advised that I had been through bankruptcy but out the week before his visit,(no probs with rent during bankruptcy year). I asked the agent not to disclose this to anyone and was assured he wouldnt.

Week later agent calls (16th May), must issue a Section 21 as landlord wants house back to live in himself?. No notice has been issued so spoke with agent yesterday and he said he has notice will drop it in today.

I have found it difficult to find another property big enough for us. There are 6 living here and I have an office space where I work from home.

What I want to know is:

Is the date of the Section 21 (8 weeks) from the date of the notice being given to me or from the date of conversation and also

Where should I direct my claim for repayment of my original bond?

I am obviously suspicious of the Section 21 anyway but its the landlords right to demand the property back anyway so i have no choice but need to have as much time as possible to find somewhere else which is big enough and which will accept me with the Bankruptcy on my file.

Any comments would be gratefully appreciated.

WW

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If in England/Wales it is likely your deposit should have been protected with TDS, mydeposits or DPS. You can contact each scheme to find out.

 

If your deposit should have been protected but is not protected then any Section 21 issued while it is unprotected is invalid and you can ignore it.

 

The Section 21 needs to give at least 2 months' notice from the date of issue and end at the end of a rental period assuming you pay rent monthly.

 

You would ask the agent or landlord about the deposit, and if there is a problem, then go to the protection scheme where it is protected.

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as Steve says if deposit not prtected then section 21 notice is invalid.

also section 21 is just a notice of possession, and has to be filled in correctly to be valid.

If at the end of the two months the LL can now go to court to apply for an order to evict, and you can go along and ask for more time if you have not found anywhere; so whole process should give you time to find somewhere.

Shelter may be able to help with advise also.

If he is using grounds that it is his previous residence and he wants move back then that clause must be in the original contract.

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My comments apply only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in the forum's "sticky" threads and is NOT to be read in isolation.

 

 

Notice to End the Tenancy

 

If no fixed term was agreed, or it has ended, so that there is simply a periodic tenancy, by section 21 of the 1988 Act the landlord MUST give at least 2 months notice, expiring on the last day of a rent period (but if the tenancy agreement requires a longer period of notice, the landlord must give that longer period of notice); and this notice CANNOT take effect during the first 6 months.

 

The termination notice given by the landlord (known as a "section 21 notice") is invalid if it was not given in writing, or if it does not give at least 61 clear days prior notice, or if it does not end on the last day of a rent period. If the tenancy is for a fixed term (e.g. 12 months), that notice ALSO cannot take effect during the fixed term.

 

Where you paid a rent deposit after 5th April 2007, if that deposit has not been protected (by the landlord paying it into an official Tenancy Deposit Scheme) any section 21 notice given to you is invalid, so will not end the tenancy. But a section 8 notice (for non-payment of rent, or other breach of the letting agreement) can validly be given.

 

The landlord cannot terminate a shorthold tenancy by notice; he must also obtain a court order. A section 21 notice thus does not bring a tenancy to an end, and is not a notice to quit; it is merely the first step in obtaining a court order.

 

So if a valid section 21 notice is given, but you have not moved out by the end of the notice period, the landlord must then apply for a court order, which typically takes a further month to obtain.

 

 

Tenancy Deposit Scheme

 

If you paid a deposit, read the FAQs about the tenancy deposit scheme, under which you might be entitled to sue for compensation if the deposit has not been protected, under the Housing Act 2004, if you were granted a shorthold tenancy:

 

- Tenancy Deposit Scheme

 

- Tenancy Deposit Protection - First High Court Decision

 

- TDS eligibility, implication of breach and legal questions answered

 

 

The penalties for non-protection of the deposit are NOT available to the tenant after the tenancy has come to an end: so you CANNOT succeed in a claim for three times the deposit once the tenancy is over.

 

Remember, a shorthold tenancy can't be ended by a section 21 notice if the deposit is not protected.

 

The Act expressly states that the parties to the tenancy cannot agree not to protect the deposit. So it's futile for the landlord to raise this defence - but many still try to!

 

 

None of the foregoing prevents the tenant succeeding in a claim for the return of the original deposit. The tenant can only sue for that AFTER the tenancy ends, as it's security for non-payment of the rent.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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Thanks for all the replies.

I spoke with the agent last Wednesday and he said he had the Section 21 and would drop it in the next day (Thur 2/6) I am still waiting!!

Obviously I don't want to rock the boat too much as I will not get a reference for a new property but surely they cant give a 'valid' date to start counting the 8 weeks until they have actually issued the tenant with the notice.

I am going to try to find my deposit although it looks increasingly unlikely thats its held anywhere as I recall asking the landlord and he said that the original agent had it and hadn't given it to the landlord so that effectively I had lost it.

I'm going to read the articles above and submit my claim asap if I need to.

Many thanks everyone.

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I spoke with the agent last Wednesday and he said he had the Section 21 and would drop it in the next day (Thur 2/6) I am still waiting!!

 

Obviously I don't want to rock the boat too much as I will not get a reference for a new property but surely they cant give a 'valid' date to start counting the 8 weeks until they have actually issued the tenant with the notice.

 

 

You are CORRECT in stating that the section 21 notice does NOT take effect until you receive it, and that it must state a termination date that is at least 2 months - i.e. 61 days - after the date on which you receive it.

 

The section 21 notice is invalid if it is not given in writing, or if it does not give at least 61 clear days prior notice, or if it does not end on the last day of a rent period.

 

 

I am going to try to find my deposit although it looks increasingly unlikely thats its held anywhere as I recall asking the landlord and he said that the original agent had it and hadn't given it to the landlord so that effectively I had lost it.

 

 

The section 21 notice is invalid if your deposit has not been protected.

 

This is probably the real reason why you have not received that notice: the letting agent or a solicitor has advised the landlord that you can't be evicted by a section 21 notice unless he first protects the deposit. It is NOT too late for him to do so. He can pay the necessary amount into a TDS scheme, or pay for an insurance-based protection, regardless of whether he received the original monies from his agent.

 

He may well also intend suing the former agent if the latter has stolen the money, but that is completely seperate and does not prevent the landlord paying an equivalent sum into the TDS scheme. A bitter pill for him to swallow, but he should have been more prudent in his choice of agent.

 

You may find that you will in fact have longer than 2 months to find new accommodation, therefore, which may help you in your difficult personal circumstances.

Edited by Ed999

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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