me and my landlords

[mariner51]

cb, if the deposit was protected more than 30 days after start of new fixed term AST, then a valid s21 cannot be served until deposit has been returned in full. A s8 Notice does not require deposit to be protected.

You can sue LL for failure to protect deposit, even after you have vacated. This will prob cost you £1000+ in advance Court fees and liability for all LL legal costs if you fail. Even with a win the T compensation is betwen 1-3x deposit, decided by Judge, not T.

Even then LL can pursue you for all rent owing to date of repossession and any T damage, via County Court claim.

Deposit is primarily to protect against T damage, anything remaining may be applied to rent owing at end of Tenancy only. It cannot be used until T has legally terminated.

[confusedbunny]

UPDATE-Attended court last week and as suspected, the judge dismissed the notice.....Thank you everyone for your advice/input...I will let you know, what happens next and no doubt need more advice.....

[mariner51]

cb, what reason(s) did Judge give for dismissing the notice? Wrong form, inadequate notice, deposit not protected or returned? Just for our further education.

[confusedbunny]

cb, what reason(s) did Judge give for dismissing the notice? Wrong form, inadequate notice, deposit not protected or returned? Just for our further education.

 

The case was dismissed and LL to pay all costs, I did not raise the issue of deposit, therefore, the judge assumed it was in place (I'm 100% sure this would have been added as point 3 below!), she was very annoyed at the "sloppy, home-made notice" served to me and suggested my landlord submit a "legally worded notice"......She dismissed the case for several reasons:

 

1. The notice being less than 2 months.

2.The notice must state "S21" or (any othe notice in question) as a tenant must be informed what notice is being served, in order to obtain appropriate legal advice. (I believe that some caggers debate this subject)

 

I hope that helps.......

[confusedbunny]

If the LL applies to the court via a S8, but fails to give me atleast 14 days notice prior to this, would that make the possession order application invalid in my defence?

[mariner51]

LL can serve you a s8 at any time and apply to Court for judgement at any time after 14 days (S8 expiry date) on grounds stated in claim.

The s8 served on you is in effect the LBA and your 14 day Notice of imtended action.

[confusedbunny]

Update.....The LL has now issued me with a new S21, my deposit is not protected with any scheme, for the second time now, will this automatically make this notice invalid too when it comes to a hearing in the next few months? As i am on a periodic AST now, how are the min 2 months notice dates worked out? Should the notice expire min 2 months after rent due date or day after fixed term AST expires?

 

Also, how will the LL prove that the S21 was served correctly? As it was not served to me in person (no witness), nor posted (no proof of postage), it was just placed in the communal hallway.....

Edited March 11, 2013 by confusedbunny

[raydetinu]

If deposit not protected then S21 not valid and you can ignore, so does not matter about service or dates!

[confusedbunny]

If deposit not protected then S21 not valid and you can ignore, so does not matter about service or dates!

 

With regards to the deposit, could the LL not plead "an oversight" of the dep scheme terms and conditions and should not have assumed my deposit was still valid upon signing the 2nd AST, (Terms state deposit has to me re-protected once a new AST is signed)

[The Carpet Cleaners]

The LL can plead whatever he likes........

 

The S21 is invalid as the deposit is not protected. Ignorance is no excuse.

[confusedbunny]

The LL can plead whatever he likes........

 

The S21 is invalid as the deposit is not protected. Ignorance is no excuse.

 

Phew, ok thats a relief, i thought the judge may show some discretion

[confusedbunny]

With regards to my arrears that i owe, what action can the LL take against me? I believe he has to get a CCJ against me, right? If i agree to a payment plan to pay it back via the court, can he still get count court,high court or private bailiffs to come to my home and take my belongings regardless whether payment plan in place? (all i have is a car worth approx £1800)

[raydetinu]

First thing he will get is a repossesion order to get property back, then baliffs to get you out. ( I thought we had been all through this ).

After that he can sue for rent outstanding, which if judge agrees can be by payments or a summary judgement and you will have to pay the lot or face court baliffs taking your posseesions ( car etc.).

 

Please wait until something happens and you have court hearing or papers, or contact from LL so we can comment meaningfully about what you can do etc.

[confusedbunny]

First thing he will get is a repossesion order to get property back, then baliffs to get you out. ( I thought we had been all through this ).

After that he can sue for rent outstanding, which if judge agrees can be by payments or a summary judgement and you will have to pay the lot or face court baliffs taking your posseesions ( car etc.).

 

Please wait until something happens and you have court hearing or papers, or contact from LL so we can comment meaningfully about what you can do etc.

 

Thank you for your reply. Perhaps i wasnt clear at what stage i was talking about regarding bailiffs. I mean after the LL has gained possession back and sues me for outstanding rent (which i plan to counterclaim) but what i mean is, if i agree a payment plan via the court to pay this back and assume i do not default on this, can the LL still instruct court/private bailiffs to take my possessions regardless of payment plan in place?

[The Carpet Cleaners]

No... once a payment plan has been set by the court, if you do not miss any payments, LL cannot set the dogs on you... If you do miss a payment then he has to go through procedure to get any other action such as bailiffs, attachment of earnings, etc..

 

If you do not default on the payment plan you are safe.

[confusedbunny]

My landlord will shortly be persueing me for outstanding rent arrears....... I am currently receiving ESA. I have a few queries:

 

1.Does the LL need to obtain a CCJ before he can enforce it via a bailiff?

(I am hoping to agree a payment plan via the court as I accept these arrears are my fault)

 

2.Can the LL still instruct bailiffs even if I agree to re-payment?

 

3.Can they instruct bailiffs (privately) before a CCJ comes into force?

 

Your advice is greatly appreciated.....

[dx100uk]

..

[confusedbunny]

....

 

Thank you for your quick reply. Can the LL instruct a private bailiff separately (even if I am keeping to payments agreed via the courts)?

 

I am assuming the LL would use a bailiff and not a DCA......I guess I am trying to see what powers a bailiff does or doesn't have

[dx100uk]

...

[confusedbunny]

...

 

Ok, I see, so basically, the LL can:

 

1.Instruct a private bailiff without a CCJ

(But how does a bailiff know how much to chase me for, without the amount being finalised via the courts, the LL could say any figure, without my counterclaim)

 

2.Even if I agree to a payment plan via the courts, the LL can still instruct private bailiffs? (whats the point in a payment plans then?)

 

Confusing.......

[wonkeydonkey]

The law is about to change and LL will need to pursue any rent arrears through court...but until then they can use DCA or Private Bailiffs..your best option is to try and reach agreement direct with the LL before he instructs the aforementioned.

[confusedbunny]

The law is about to change and LL will need to pursue any rent arrears through court...but until then they can use DCA or Private Bailiffs..your best option is to try and reach agreement direct with the LL before he instructs the aforementioned.

 

Thanks for your reply. Well, I currently recieve ESA, so my payment proposal will not be great and likely the LL will refuse my offers. The only item I have is a car (worth approx. £1800) which I use as I am registered disabled.....Will the bailiff take this?

[wonkeydonkey]

Are we talking a private landlprd , housing association, council etc? are you receiving a component to DLA for your disability? perhaps you could expand on your situation as there are several things that just might be relevant to your circumstances that has been overlooked.

[confusedbunny]

Are we talking a private landlprd , housing association, council etc? are you receiving a component to DLA for your disability? perhaps you could expand on your situation as there are several things that just might be relevant to your circumstances that has been overlooked.

 

Hi, sorry yes, I receive the DLA componant for both mobility and care, the creditor is a private landlord....

[ploddertom]

Thanks for your reply. Well, I currently recieve ESA, so my payment proposal will not be great and likely the LL will refuse my offers. The only item I have is a car (worth approx. £1800) which I use as I am registered disabled.....Will the bailiff take this?

 

Do you receive a free tax disc?

 

If you do then the taxation class will show as Disabled and should be a clue to whoever attends.

 

Do you have a current Blue Badge?

 

If so leave on display on the dashboard as again it should have given a clue.

 

Otherwise you will need to move or hide it well out of sight.

 

Any charges that may be made will be subject to the Distress for Rent Rules but they can rack up at an alarming rate.

 

Can only urge you to contact your LL ASAP - you never know he may agree but might want a sizeable first payment.