Invalid section 21

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    Invalid section 21

    Hi can someone advise me on the best course of action, I would like to evict my tenant who is through the council , I would like to give her the sec 21 notice but am not sure if i should do anything with regard to the deposit first? the house needs a refurb and paint job would the deposit even fund this?

    thanks for your help

    #2
    Is the deposit protected in a government approved scheme?
    If so, have you given the tenant the schemes 'prescribed information' (15 pages with DPS)?

    Do you have proof of the condition of the property at the start of the tenancy? You can expect to get the property back in that condition, less fair wear and tear. If it has been a long tenancy then the wear and tear (which is your responsibility) will be considerable.

    Comment


      #3
      hi, the scheme is a goverment approved scheme, and was set up by the local council when i started the tenancy agreement. I have an inventory which was taken plus legal information on the scheme itself which i signed with the tenant. i have not given any information to the tenant regarding the deposit scheme yet. not sure if i had to. The kitchen is mainly the area which is cause for concern, so not sure if the scheme would just put it down to wear and tear. it would be nice to get some cash towards fixing it back up now but my main aim is to get rid of her now. i am thinking of doing that on my own something which i have never done so a daunting experience, any advice on this?
      i have been advised to take the sec 21b route by numerous people, just not sure what to do after the 2 month period has elapsed??

      thanks for your help

      Comment


        #4
        Originally posted by Harps View Post
        hi, the scheme is a goverment approved scheme, and was set up by the local council when i started the tenancy agreement.
        What do you mean by 'set up by the local council'? Who paid the deposit to you? Is is protected with the Deposit Protection Service (DPS), MyDeposits, or The Dispute Service (TDS)?

        How many pages of information did you give to the T?

        Comment


          #5
          Was the deposit provided by the council? Was that in the form of money, or a guarantee that they would cough up if the tenant caused damage / defaulted?

          Comment


            #6
            i'm not sure who paid, however the tenant has very little money of her own so i think the council may have paid, but cannot be sure. If i wanted to claim against the deposit would i need to do this before the sec 21?
            if so how do you go about it?

            another issue is that i have not re newed my gas certificate or electric can this be a issue if i go to court?

            Comment


              #7
              Originally posted by Snorkerz View Post
              Is the deposit protected in a government approved scheme?
              If so, have you given the tenant the schemes 'prescribed information' (15 pages with DPS)?

              Do you have proof of the condition of the property at the start of the tenancy? You can expect to get the property back in that condition, less fair wear and tear. If it has been a long tenancy then the wear and tear (which is your responsibility) will be considerable.
              Please answer..
              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


                #8
                If you were given a money deposit (not just a promise by the council) then you have to have protected that with either:
                Deposit Protection Service
                The Dispute Service; or;
                My Deposits

                Can you please tell us which one you used.

                This is critical before we can give reliable advice regarding evicting the tenant.

                I can say that your failure to have the gas certified will probably not result in eviction problems, but could result in a considerable fine. The max is £20k but that's not going to happen in this case.

                Comment


                  #9
                  Getting a possesion order

                  Hi i have given my tennant a sec21(a) notice which expired on the 31st of july, and now need to know how to get a possesion order. I have looked at the form n5b, not sure if this the right thing to do and how exactly to go about filing for posession.

                  Comment


                    #10
                    There is a guide to this in the "Content" & "Legal" sections at the top of the page.
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      If you have copies of the first and latest tenancy agreements, if any deposit has been protected as required by the amended 2004 Housing Act and if the section 21 notice you served is valid [no such thing as a 21(a)], then form n5b is the correct one.

                      Comment


                        #12
                        Invalid section 21

                        Hi i need help with serving my section 21 notice, the tenancy agreement ran from the 02/06/08 to 01/06/09 rent payable every 2 weeks. Then according to the judge "Reasons for striking out are, he section 21 notice appears to be invalid it states that possession is required after 31st july 12, but 31st july 12 does not seem to be the last day of a period of the tenancy. since expiry of the fixed term, defendent has had a periodic tenancy running from monday to sunday, 2nd june 2008 was a monday"

                        if you can make sense of this and give me the correct date to put on the section 21 notice i would greatly appreciate it thanks.

                        Comment


                          #13
                          Well, not sure what the judge means by "the 02/06/2008 was a monday" but the 02/06/2009 when the SPT started was a tuesday. Hence, I would say your periods are biweekly and end on a Monday.

                          With some excel, I got the following dates, but I am sure you can work out dates further out if you want.

                          12/11/2012
                          26/11/2012
                          10/12/2012
                          24/12/2012
                          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                          Comment


                            #14
                            The OP is a serial "hit and run" question asker.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Three related threads have been merged.
                              I also post as Mars_Mug when not moderating

                              Comment

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