Private Tenant vs Landlords Need Advice Please

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  • PumaS3
    replied
    Brilliant thank you very much and wish me luck.

    Leave a comment:


  • jpkeates
    replied
    If you've found somewhere else, you can give your own notice to leave this property - from the sound of it, the landlord will agree to whatever you offer.

    You can sue the landlord or the agent for the lack of compliance, but the simplest would be to sue the landlord.
    The landlord can deal with the agent, but they're responsible for compliance and there's not a lot of benefit in suing both.

    Leave a comment:


  • PumaS3
    replied
    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'.

    Leave a comment:


  • PumaS3
    replied
    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.

    Leave a comment:


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

    Leave a comment:


  • boletus
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • PumaS3
    replied
    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

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • PumaS3
    replied
    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

    Leave a comment:


  • PumaS3
    replied
    jpkeates,

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


    Leave a comment:


  • PumaS3
    replied
    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.

    Leave a comment:


  • PumaS3
    replied
    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

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • ash72
    replied
    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.

    Leave a comment:

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