Private Tenant vs Landlords Need Advice Please

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    Private Tenant vs Landlords Need Advice Please

    Hi everyone new here so here goes,

    I signed a 6 month AST in August 2019 when that tenancy was due to end I paid a fee to renew the tenancy for a further 6 months. In February 2020 signed a 6 month AST ended in August 2020. on 10th August 2020 I contacted the letting agent as to what was going to happen now the contract has already ended. Letting agent said landlords want their property back they went abroad for the year. Few days later received a 'notice requiring possession' of the property only given 6 weeks to vacate. I said I cannot find anywhere in that time due to coronavirus however, I will try.

    Letting agent said they will give me 1 month extra, In November 2020 I was given another 'notice requiring possession' of the property given only 3 months which ended in February 2021. I continued to stay in the property which I'm currently still in.

    The property was tired when I initially viewed the property however, I did not know how much disrepair the property was in, I have always informed the letting agent about any issues some works have been completed other costly work just ignored. In April 2021 the electrics has some issues so I was without power for over 12 hours, I contacted an electrician which I have used before for this property however letting agent ignored his calls and wished to use their own which turned out to be the landlords relative used to spy on me which will make sense in the next section.

    Beginning of June 2021 two gentleman turned up at the property twice with the second time me being there saying 'they have been instructed and acting independently on behalf of the landlord' I asked for verification they replied 'we cannot disclose that information nor would it be of any use to me', the other gentleman was recording me on his mobile device. The gentleman had 5-6 brown envelopes and an A4 notepad with writing which said 'How to Rent', EPC Cert, Gas Safety and Tenancy Agreement. I asked if I could look at the documents he said no I cant let you do that, then I refused to sign where they wanted me to he replied' so I take it your refusing to sign yeah' he said it twice then replied 'right I will continue with the other properties on my list' my neighbour noticed the guy and said it was the landlords friend. The next day a gentleman dropped letters to the door I picked them up turns out it was the documents that I refused to sign the previous day, I watched him leave then the landlord's wife's relative walked past the house recording me on her mobile device holding the letters, then the landlord himself drove past recording me I recognised the car so knew it was him. I called 101 who are now investigating it as harassment.

    Just received an email from the letting agent saying the landlords want to return my deposit I must provide my bank details (which they already have as that is what I used to pay the rent from).

    To summarise:
    I have never received information regarding the deposit
    I already have the Gas Safety Cert which was done in May 2021, but landlord has included one competed in July 2019 however I question why I receive the now and I have not got for for the year 2020.
    I have many versions of the How to Rent document
    Both notice to quit was on company headed paper the second one had the incorrect date.

    Where do I stand now please, do I accept the return of the deposit which I not correct as I think it should include the fees that I paid to renew the tenancy
    Regarding the deposit, I spoke to shelter who says I can claim compensation due to this not been done correctly, should I seek advice on how to complete this?

    To date I have paid rent late but I have no arrears was not even asked if I needed support during the first lockdown paid rent all on time until recently.

    I have contacted the 3 government deposit schemes all saying deposit not been protected nor was it ever.

    Thank you

    #2
    Go after the daft landlord who failed to protect your deposit.

    https://england.shelter.org.uk/housi...ensation_claim
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Why did you pay a fee to renew, the Tenant fee act came in June 2019. Contact the LL or LA and ask them about your deposit, which scheme is it protected under, if they don't reply or don't tell you assume it's not and threat with legal action for the return of the payment.

      Comment


        #4
        What's happening here is that the landlord wants to evict you and has realised that they haven't done the things that they need to in order to serve a valid section 21 notice.
        They are now doing these things so that they can serve notice.

        From the sounds of things the last thing that they need to do is return your deposit, because without doing that, assuming that they didn't protect it, they can't serve a s21 notice.

        I can only assume that all of the previous notices are not valid and, once the deposit is returned, they will serve a new notice.

        The notice doesn't actually or legally require you to leave when it expires, but it would allow the landlord to take you to court (at your expense) and then get bailiffs to remove you.

        You need to look to find somewhere else to live, because the landlord will succeed eventually, however much of a mess they've made of it so far.
        There's nothing you can do to stop them once they've got everything in order (although the Gas Safety Certificate does sound like something that they might have slipped up with.)

        You have a few years to sue the landlord for not protecting your deposit if you want to.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by theartfullodger View Post
          Go after the daft landlord who failed to protect your deposit.

          https://england.shelter.org.uk/housi...ensation_claim
          I will make sure now

          Comment


            #6
            Originally posted by ash72 View Post
            Why did you pay a fee to renew, the Tenant fee act came in June 2019. Contact the LL or LA and ask them about your deposit, which scheme is it protected under, if they don't reply or don't tell you assume it's not and threat with legal action for the return of the payment.
            That is me not knowing my rights at all, so should I ask for the full deposit plus the fee because I’m thinking if I do not accept the deposit they can tell the judge that it was returned and it would be accepted in court. Am I right thinking that the lady at CAB told me not to accept the deposit back.

            Comment


              #7
              jpkeates,

              Yes they never served any information when I moved into the property, both notices to quit was not valid.


              Comment


                #8
                Hi everyone I have posted previously last week.

                The landlords did not protect my deposit at the beginning of the tenancy (Aug 2019) I had 2 6 month AST and currently been periodic since Aug 2020. This month landlords has gotten their family members and friends to serve EPC, Gas Safety Cert and How to Rent last week by turning up at the property twice last week recording me both times. Now just tonight the landlord got the same friends to throw at me the deposit in an envelope and said 'delivered' while recording me.

                What happens now as the letting agent said they would give me £1000 back minus deductions via email last week, I was going to reply back to the email tomorrow as I wanted some advice first.

                What will happen now please as both notices to quit was on lettings agents head paper. Does a notice to quit still need to be served and does it have to be on 6A form or as they have served everything now they do not need to?

                Thank you very much

                Comment


                  #9
                  First of all, was it clear that what was being returned was the deposit and not just a sum of money?

                  The landlord can't "fix" any previously served invalid deposit, they'll have to serve a new one having met the requirements of such a notice.

                  If the notice you receive is not the actual government form, check it in detail against the actual form as it has to be virtually identical (substantially to the same effect) and it has changed quite a lot recently.

                  The standard government form is actually an editable document, so putting it on headed paper isn't the end of the world, but it's worthwhile using a compare document app (or part of a word processing app) to check it.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Hi jpkeates,

                    The envelope has my full name, says deposit £1000 in £50 notes, and the address of the rental. Is it okay for me to accept this as a returned deposit? I am just anticipating when these two guys will come back to record me serving the Section 21.

                    Thanks

                    Comment


                      #11
                      I think it's the deposit, yes.

                      Next time someone throws something at you, I'd try and avoid it and leave it where it lands.

                      At some point they're likely to get this right and you'll have to leave, so I think you'd better start planning for that.
                      You have a chance of finding another problem with their notice, but that's likely to be a delay, rather than an end to the issue.

                      You have a possible claim for the non-protection of the deposit, but that's a claim for money, not something that would end their attempts to retake possession.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Originally posted by PumaS3 View Post
                        Just received an email from the letting agent saying the landlords want to return my deposit I must provide my bank details
                        All they need do is deliver a valid cheque (with proof) to the property.

                        Comment


                          #13
                          Get a solciitor to write to the letting agent saying "My client will vacate on receipt of £5000 " Try that

                          Comment


                            #14
                            jpkeates,

                            Hi,

                            I have found somewhere I was anticipating them serving me a s.21 but I think they may go to court now. I will claim for non-compliance when I leave Im not to sure if I should state the lettings agents as a co-defendant as I assume the landlords will pass blame to the LA.

                            Comment


                              #15
                              Originally posted by boletus View Post

                              All they need do is deliver a valid cheque (with proof) to the property.
                              They just sent cash in an envelope instead fearful I will say 'I did not receive the cheque'.

                              Comment

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