S21 Notice

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    S21 Notice

    I am the tenant - AST started in 2016, initially 6 months now periodic.
    I previously lived abroad for 12 years and returned to England in 2016 due to the time I spent living outside the UK I had no credit rating. Understandably I found it hard to rent a flat that wasn't a complete hole, the flat I'm renting now is a level above being a hole but not great.

    Without going into the nitty gritty the landlord has always been negligent and has always refused to fix faults/replace items instead insisting I had to foot the bill. Most of these I could live without and some I repaired myself, it wasn't ideal but whilst I rebuilt my credit rating I went along with it.
    However a few months ago a window became a new issue and the landlord refused to repair it, they wanted me to pay for it as usual. I have an okay credit rating now so decided it was time to find somewhere actually liveable. I thought I would play the landlord at their own game, I reported them to the council for the window and subsequent mould it has caused and other minor things that the landlord had failed to fix/repair. Environmental health issued the landlord with a notice, landlord then came to the flat unannounced with all guns blazing. I told them I was looking for elsewhere to live, still the next day I saw them put something through the door, an S21.
    The S21 is invalid for numerous reasons; no how to rent book, no smoke detectors, various issues reported to landlord that were never dealt with, council issued landlord improvement notice before S21 was served and the deposit was never protected.

    The tenancy agreement said the deposit is with the DPS but I called them today and it was never actually deposited. I am following the Shelter website for advice on this, do I send the letter before action whilst I'm still living in the property or wait until I leave? Is this even the right thing to do?
    Do I need to acknowledge the S21? The landlord keeps trying to contact me, they've also knocked on the front door (I ignored). Do I have to tell them its invalid? By acknowledging it am I saying it is valid? My credit score isn't amazing but it is okay now, I am actively looking for somewhere new to live but want to wait and find at least a semi decent not the only hole that's available to me again. Anything else I should be aware of?

    #2
    If you're planning on moving anyway, I'd wait until you've left to take LL to court for the penalty from not protecting the deposit. While living there still, the courts would get him to protect it and I know with some of them, they won't release until a certain amount of time has passed since protecting it.
    either way you can claim the penalty, so that part makes no difference.

    You don't have to acknowledge the s21 or tell the LL it's invalid - it's their responsibility to ensure everything has been done properly.

    I don't know this next part from experience, but they'd have to get a possession order from the courts. I assume that when that happens you'll have the chance to have your say, but don't hold me to that. That would be when you could mention the reasons that the s21 is invalid, but I'm not sure you could use that to claim the penalty at that point. It would, I guess, only bide you more time at the property.


    Comment


      #3
      Originally posted by themysciramama View Post
      I know with some of them, they won't release until a certain amount of time has passed since protecting it.
      I'm still not convinced the schemes are legally allowed to do that.

      Originally posted by themysciramama View Post
      That would be when you could mention the reasons that the s21 is invalid
      Tenant get served a copy of the claim, who then have so long to file a defence to the claim.

      Originally posted by themysciramama View Post
      but I'm not sure you could use that to claim the penalty at that point.
      If you're using the fact that the deposit wasn't validly protected as defence to the possession claim, then you can counterclaim for the related deposit penalty at the same time.

      I won't repeat my answers to OP questions that I have already provided elsewhere.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Don't expect a helpful ref from LL.

        Comment


          #5
          Originally posted by KTC View Post

          I won't repeat my answers to OP questions that I have already provided elsewhere.
          Ahh yes I recognise your username, thank you for the advice it was exactly what I was looking for.

          I did initially post on this platform first but for some reason it didn’t appear for over a day so cross posted it there too.

          Comment


            #6
            Originally posted by mariner View Post
            Don't expect a helpful ref from LL.
            Honesty is the best policy. I have a confirmed a new tenancy now and told that letting agent my old landlord was negligent and hadn’t fixed issues which had been present from when I started the tenancy. They said they only needed to ask my old letting agency if I had ever paid issues with paying the rent.

            Comment


              #7
              Originally posted by LEM View Post

              Honesty is the best policy. I have a confirmed a new tenancy now and told that letting agent my old landlord was negligent and hadn’t fixed issues which had been present from when I started the tenancy. They said they only needed to ask my old letting agency if I had ever paid issues with paying the rent.
              Last sentence is not Engish

              Comment

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