Section 21(4)(a)

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    #16
    Originally posted by haggard View Post
    Thank you. If they have protected the deposit but haven't forwarded the information to me, does that still make the notice invalid. .
    Yes, I think so. See my edited and expanded post above yours.
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      #17
      I see it now. Thanks again. They definately haven't served proof so I could delay any court action for another month at least. I sometimes wish I wasn't a tenant that didn't pay on time and keep the house in good order. It certainly hasn't done me any favours. Without fail my rent goes out on the given date regardless of the amount I have left to feed my family etc. I wish I had an LL like some of the ones on this site

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        #18
        If I find a property before the end of April can I leave without giving notice or do I have to stay for the full 2 months?

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          #19
          Originally posted by haggard View Post
          If I find a property before the end of April can I leave without giving notice or do I have to stay for the full 2 months?
          A s.21 notice does not end the tenancy, so your tenancy is continuing as normal, therefore you would need to serve notice to quit of at least one month, expiring on a rent day (either the first or last day of a rental period ie: 30th or 31st).

          Arguably, because you would only be doing what the s.21 notice asked you to do, you could leave on the day of expiry of the s.21 notice without having issued a NTQ.
          Health Warning


          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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            #20
            Sorry, I have another question. I have spoken to agents about my deposit and they have said they will get back to me. I still haven't received any notification (verbally or written) that my deposit has been protected. Notice was served yesterday and the I moved into the house on 31st August 2007. Does mean that the agents will have to resubmit the notice? If they have protected the deposit (unlikely) could they give me notice again today with the details and the leaving date will still be 2 months?

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              #21
              Originally posted by haggard View Post
              Sorry, I have another question. I have spoken to agents about my deposit and they have said they will get back to me. I still haven't received any notification (verbally or written) that my deposit has been protected. Notice was served yesterday and the I moved into the house on 31st August 2007. Does mean that the agents will have to resubmit the notice? If they have protected the deposit (unlikely) could they give me notice again today with the details and the leaving date will still be 2 months?
              Please see post #14 in which I dealt with the s.21/TDP issue.

              A s.21 notice in a periodic tenancy must be at least 2 months in duration AND end on the last day of a rent period (the 30th in your case). Therefore, if they gave you notice today, the earliest it could be expressed to expire would be 30th June.

              Tactical point: if I were you, whilst you should ensure that your deposit is protected, if you are looking to buy yourself some time I wouldn't tell them just yet that the absence of TDP at the time of service invalidates their s.21 notice. Otherwise, you're just making a rod for your own back - let them take legal advice of their own, or else discover that the notice is invalid when you issue a defence to the LL's claim for possession.
              Health Warning


              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                #22
                Thank you agent46. Excellent advice. I certainly won't mention that to them. If they realise and re-issue, at the very least I have gained myself an extra month. If they have protected it and say that they have previously forwarded me the details, will the notice stand? The letter they sent with the notice states that Jackie (who works for agency) will be dealing with the deposit. It definately sounds like they haven't protected the deposit.

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                  #23
                  Originally posted by haggard View Post
                  If they have protected it and say that they have previously forwarded me the details, will the notice stand?
                  Well, that all depends on whether or not the judge believes the proof and prescribed info was served.

                  If they claim the proof and prescribed info was served, and you suspect it wasn't, then in the course of disclosure of evidence you would be entitled to see their files and, most tellingly, their computer records which should at least show whether or not the proof and prescribed information was generated at the material time.

                  If their computer records show no trace of these documents being generated, then, obviously, they can't have been served (although that won't stop them claiming the prescribed info was handwritten, as far as I'm aware, the proof is in the form of a certificate that is generated online).
                  Health Warning


                  I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                  All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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