Unlawful Section 21- Already moved out

[Stelladar]

Hi Guys,

 

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.

 

Many thanks

 

( 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

 

[ATTACH=CONFIG]45601[/ATTACH]

[raydetinu]

Why did you not claim your deposit from the scheme when you left in February 2012.

where is the deposit now, has the LL claimed it?

If still with DPS claim it now. or take LL to court for it.

If you moved out by the repossession date did you tell them you had moved out? in writing?

You are responsible for the rent up until the date you moved out or the date you told them you had and returned keys etc.

The LL can lawfully deduct owed rent from the deposit.

AS for non-notification, IMHO not worth going to court over.

As for the deposit most schemes now automatically continue to be covered when they become periodic, since May 2012.

The problem occurs when the deposit was protected and became periodic prior to April 2012, this was considered to be a new agreement.

Edited August 6, 2013 by raydetinu

[Stelladar]

I did attempt to claim the deposit back but it was refused by the Agent, I also requested to use DPS' Alternative dispute resolution service, this was ignored by the agent so I then made a Stat dec and only at this point did the agent pop back up again and put a stop on them paying the money out.

 

Currently the money is still with the DPS

 

We moved out at the end of the date we were requested to move out on the Section 21, the agent knew we were moving out and the keys were returned (they said they hadn't received them) hence following through on the eviction notice and charging us rent up until may 2012.

 

You state it's not worth going to court over it but the agent commited fraud first time around by bringing in a document known to be a fake which she had probably just printed off the night before and filled in all the details as if she had filled them i when she was meant to.

 

We would have been on a periodic tenancy after February 2011.

[raydetinu]

So therefore the PST would have been declared a new a new contract in April 2012 and re protected, as per the current ruling.

You should claim your deposit direct from DPS now if you have not already done so. It is up to you to notify them that you have moved out.

they then have 14 days to return or notify you that the LL is claiming damages or unpaid rent.

If the LL wont use the ADR service then you will have to take them to court for your deposit ( you sue the LL nothing to do with agent, but they can counter claim etc. ). LL responsible for deposit.

Unfortunately if you did not confirm that you had left in writing, and you should of got a receipt for the keys, so now they can claim you still had possession.

You can sue for non-protection/notification but this will have to be through fast track in the county court and the up front fees are about £1k plus legal representation, barrister etc.

very stressful etc.

Edited August 6, 2013 by raydetinu

[Stelladar]

Would it not be better to wait for them to sue me?

[raydetinu]

the missing PI was minor at that time and LL could even get away with the protection providing it was done prior to the hearing and so I would not put much weight on that point.

I am surprised the LL has not taken you to court for the unpaid rent, which I suggest they will win if they do. There must be reason why they have not done so up to now?

You should NEVER withhold rent.

[Stelladar]

Appreciate all your comments but why would the fraud not be taken seriously? Is this not perjury under the Perjury Act 1911

[raydetinu]

Have you made a complaint to the court or police?

[mariner51]

What fraud/perjury? LL is only required to provide (send) PI, can you prove he did not? The 'forgery' may have been provided for your own edification.

The Court accepted a valid s21 had been served and awarded a repo order for May12.

If you did not serve a valid NTQ for end of Feb 12, even if s21 had been received, then rent is due to end of May

 

Your deposit is still with DPS, you do not require LL/LA permission to initiate DPS ADR, requiring LL to justify deductions from deposit.

I am surprised LL has not yet made a single claim for deposit.

If he does before you lodge a dispute, then you will have to sue him in SCC.