Urgent advice eviction - unprotected deposit

[chrisphilip]

Hello need some advice.

Been a tenant for 14 months always paid rent when it was due.Small family myself wife and two kids 4 years old and 3 month old baby,

Our landlady decided out the blue to put the house for sale and has gave us two months notice

Few questions i have

 

1) our deposit was never but in a scheme we have never had an issue whre do we stand on this

2) with the house going for sale is she allowed to show up when she likes when she has viewings?

3) anyway we can delay the eviction after two months roughly how long have we got if we stay put

4) we have never had a new tenancy once 6 months where up it just rolled over

 

as much info to help us please

[SabreSheep]

Hi there

 

More knowledgeable peeps will be around later.

 

In meantime

 

Can you confirm you were in an Short hold Assured Tenancy?

 

I *Think* she has to still give notice for viewings.

 

If the notice is correct then you can apply to the judge for an extension, but this will be measured in weeks not months if successful

 

IF you are in a Short hold tenancy, it has now become a periodic tenancy

 

Deposit *must* be protected! You could sue for 3x the amount back.

 

 

.

[chrisphilip]

Short hold Assured Tenancy yes it is and no she has not paid our deposit into the scheme never had a letter..

She emailed us with two months notice which ends june 30th she also said she has sent a letter in the post recorded delivery.

what would happen if we never took the letter could the date be moved to later

[chrisphilip]

found this is is it true she cant serve notice on us

 

What are my rights if my landlord has not protected my deposit?

Firstly, you are entitled to the return of your deposit and a maximum 3 times penalty. Secondly, your landlord is not permitted to serve notice to leave until your deposit has been registered.

[Ell-enn]

Give Shelter a ring - they are great for advice on rental agreements etc.

[chrisphilip]

Ok i will do but what i want to know is will the 30th June be my eviction date she emailed us saying that date.but she said a letter was sent yesterday recorded delivery telling us we have two months on the tenancy.now that letter has not come today so does that mean the eviction date will move to 1st july?

[Ell-enn]

Shelter will be able to advise you on that too

[f16]

chrisphilip,

 

I've suggested to Site Team that your thread is moved to "residential lettings" because you require advice on the unprotected deposit and other issues with the tenancy agreement.

This is not my field. ..... But having read various threads on CAG I know that with an unprotected deposit then you have a lot more rights.

 

Mariner51 is the "Dogs Doo - dars" on the subject.

Good Luck

[letsmakeamark]

The notice end date is not when you leave.

 

 

You leave after the court has given a eviction date.

 

 

I think with your family situation you may get priority help with housing.

 

 

Speak to local council.

[f16]

There you go. ......

Thank you Site Team. ....

 

If mariner51 finds this then your "now cooking on gas" !!!!!!!!!!!!!!!

 

Enjoy. :wink:

[The Carpet Cleaners]

Do nothing yet.... don't panic.....

She cannot serve you an eviction notice....

 

 

At worst she could serve you a section 21 notice, which is a notice of intent to get the property back...

.. HOWEVER!! even if that was served to you,

it would not be valid as the deposit is not protected and you have not received the prescribed information.....

 

Even if everything was done correctly ie IF deposit was protected, and the section 21 notice issued correctly..

. You still would NOT have to move out by 30th June..

. LL would then have to apply to the courts for an eviction,

(this can take up to 6-8 weeks) and only after the judge has ordered eviction do you have to move.....

 

If you do absolutely nothing now, LL will try to strong arm you out (verbally) after 30th June,

she may then take you to court who will throw it out as the deposit is not protected,

and then LL will have to either protect the deposit or give it back to you in full..

. and then issue the section 21 notice again and so the 2 month cycle starts.

 

As an aside, you don't have to allow anyone into your home unless you want to..

even if it says so in the tenancy agreement.

 

 

If LL has a set of keys I suggest you change the locks without damaging the doors and then change them back as you leave.

 

More people will be here to help you later I am sure...

[legalistic]

chrisphilip, have you had an actual section 21 notice?

 

 

LL is obliged to give you one.

 

 

If/when you receive one it will be invalid because your notice is not protected (but don't be in a hurry to reveal that fact to LL).

 

 

See section 215(1) Housing Act 2004.

 

 

You'll like it.

 

 

There are plenty of ways of delaying eviction.

 

 

Carpet Cleaners have given good advice.

[raydetinu]

sit tight, do not alert her to the fact notice is invalid!

wait until she starts court procedure, who will throw it out if deposit not protected.

she will have to issue S21 notice after she has returned deposit.

then you can sue for non-protection.

so you have quite a few months yet.

but maybe worth looking for somewhere else, but take your time.

[legalistic]

chrisphilip, we've all apparently omitted to say that LL will need a possession order if you don't leave upon receiving a s21 notice. In order to obtain such an order LL will need to bring a claim which the court will issue and send you. A defence form will be sent to you too, which you should fill in. The court can decide whether to make a possession order (under the accelerated procedure) without a hearing. You should try to get a hearing (particularly since it delays things). If you fail at the hearing you can (try to) appeal.