Deposit unprotected so s.21 Notice served wrongfully

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    I hate to say it old son, but the professionals who kindly post on this board giving their legal advice for nothing do have a living to earn and will only post free if they have some spare time, and can be bothered. If you would like any real assistance from our legal friends, then their contact details are clearly given so that you can contact them direct, and I expect they will also charge a fee. I am sure it will be fair and reasonable.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #17
      To answer John's (MaverickPropertyManagemen)question -

      My LA has given following problems to me. List of pranks he played with me :
      1) Since I asked my LA for my deposit couple of times ,he gave me Section-21 notice , stating Landlord want to get the property vacate.Although Landlord not aware of what all happening at backend.

      2) I read through DPS and came to know that Section-21 notice can't be served when my deposit has not been protected and after enquiry found that my deposit is not protected. When I contacted Solicitor through whom notice was served , Solicitor discovered that one of their junior staff has illegally given the 4 lines of letter on their letter head to agent. They confirmed that this notice is not valid and apologise for their action.

      3) After all the above drama , he told me he wants the flat back on the specified date and section-21 is also valid. uptill now I have received any written confirmtion either from LA or Solicitor that this notice is invalid.

      4) Later LA changed the story and accepted that Section-21 is invalid and Landlord has also not asked to vacate the flat and deposit is also not protected and will give the deposit when I will leave the flat.

      I may receive my deposit back , but just because of one letter, it ruined my life , I spent days to find the new property and enquiring abt all this stuff. Furthermore I am paying heavy administration charges for New home, took holidays to enquire abt S-21 and finding a house, House move expenses, sky Move expenses.

      I am not happy with all this, I am not at fault anywhere and still its a monopoly of the LA where I have been forced/harassed in a wrong way to vacate the flat.

      I have given notice to LA to retun the deposit and 3 times of deposit as a penalty, I received an acknowlegement from him that they will revert back but they have not given any answer on the specified time.

      I want to go ahead with court case , but since he is very quite , I can feel something suspicious cooking in his mind.

      My questions remain the same and need answer for these :

      Qu 1] I am prepared to file a case ,In few postings It is written to use form 208 and claim against section 7, Also there is some provision as to file the claim with some approach where defendent can't defend against you, this helps to avoid any counter claim against you, Is there any?


      Qu 2]Even though my tenancy will be ended and I may receive my deposit back , still Am I eligible to file the case.


      I am verymuch open to spend money to take advice . I did spoke to couple of solicitors but they have suggested to claim directly or take help of shelters.

      In advace I want to convey my thanks to all the members who directly/indirectly are helping me out. Believe me "thank you" word is very small but I really mean it!!

      Comment


        #18
        To start your claim you need to complete a claim form. It is form N1 and is known as a part 7 claim. You can get one from your local court.

        complete it and pay the court fee and they will issue your claim.

        you need to work out who your claim is against. Your tenancy agreement is with the LL, but it sounds like the LA took the deposit. If this is true then following the Leeds case (see other thread) you may be able to claim against LA. You might decide to go against both but there are risks with that step.

        IMO you can only claim for the 3x deposit. There is no evidence of harassment or illegal eviction from what you have posted.

        I think the LL is currently protecting the deposit and if he does so then you may lose your claim (decisions regarding deposits vary from court to court and judge to judge) as the legislation has been badly drafted (see many many other posts on this). If the LL protects the deposit before the court hearing then he has a good chance of defending the claim.

        Up to you whether you issue.

        If you issue you have asked about summary judgment. This is an order that because it is clear the defence has no prospect of succeeding you should get judgment now. This is a complex application and I do not think you should make the application without legal advice. That being said I do not think it is appropriate in your case to make the application at all
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


          #19
          What triggered the resurrection of a thread last active some five months ago?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #20
            seems to be me! - It was (for some reason) showing as one with unread replies (I dont check the dates of posts).
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

            Comment

            Latest Activity

            Collapse

            Working...
            X