Appreciate your advice

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

    Appreciate your advice

    Can you serve section 21(4)(a)? Tenants have changed things within the property without asking our permission . tenancy started in Nov 2011 .

    also can i put deposit into protection scheme now - was unable to sort out at the time of receiving due to personal issues(illness).
    Last edited by taverymuch; 23-12-2012, 22:00 PM. Reason: more details

    #2
    Originally posted by taverymuch View Post
    Can you serve section 21(4)(a)? Tenants have changed things within the property without asking our permission . tenancy started in Nov 2011 .
    A section 21(4)(a) Notice Requiring Possession is a no fault notice which can only be validly served
    (i) when any protectable deposit has been protected and
    (ii)during a statutory periodic tenancy, to expire after the last day of a rental period.

    When did the fixed term begin and when did it/will it end?
    Was it renewed with another fixed term AST or was it allowed to become periodoic (month by month)?

    also can i put deposit into protection scheme now - was unable to sort out at the time of receiving due to personal issues(illness).
    Yes you can, and you must supply the prescribed information immediately. It is a bit tenuous to say that you have not had the chance to protect it for over a year. I suggest you use the DPS, as it's free to use and quick to lodge deposits with:

    http://www.depositprotection.com/

    This is their template for the Prescribed Information:

    http://www.depositprotection.com/doc...n-template.pdf

    You must by law also supply them with a copy of the DPS terms and condiitons:

    https://www.depositprotection.com/do...conditions.pdf
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      It's too late to comply with deposit protection. If you want to serve a s.21 notice then you'll have to refund the deposit first before serving the notice.

      Comment


        #4
        Originally posted by westminster View Post
        It's too late to comply with deposit protection. If you want to serve a s.21 notice then you'll have to refund the deposit first before serving the notice.
        Does that apply even to deposits received before the rules were changed? I am assuming that the deposit was received around the time the tenancy began, ie November 2011.

        It would make sense if it did not [apply], I agree ( a year is a ridiculous length of time to hang on to a deposit) but I thought the new legislation was non-retrospective.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          The Localism Act amendments which came into force on 6th April 2012 apply to all AST tenancies in place on or after that date. There was then a 30 day grace period for LLs who hadn't yet complied to comply.

          Of course, it's still possible to protect the deposit, but doing so would not enable Taverymuch to serve a valid s.21 notice due to the amendments to s.215 Housing Act 2004, which removed the late compliance loophole.* Taverymuch is also inescapably exposed to a non-compliance claim by the tenant under s.214 of the Act.

          ===
          * However, if the deposit has been protected within the required deadline, but the prescribed information hasn't been given, it is possible to comply late with the latter and serve a valid s.21. This doesn't get the LL off the hook in respect of s.214, though.

          Comment


            #6
            thank you for your advice. have given tenant their deposit back.

            Comment


              #7
              Obviously it is totally your choice but are these changes sufficient to warrant the cost of eviction?

              Not just the legal process but the cost of putting the changes right / refurbishment / finding a new tenant / tenant void?

              Comment

              Latest Activity

              Collapse

              Working...
              X