Carpet replacement can I get my money back for them now landlord wants to sell.

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    #16
    Deposit isn't in a scheme, can we be evicted?

    Hi all,

    I have another question following on from the last, with regards to eviction this time.

    I've checked all three deposit schemes online and our deposit can't be found in any of them. We moved in May 2012. Would our LL be able to evict us under section 21 if he puts it in on now? I.e. very late.

    We've never not paid and have looked after the property better than he did so would he be able to evict us under section 8 at all either?

    Thanks
    Jess

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      #17
      There is no option for a landlord to protect the deposit late, since new rules came in last April. The landlord can still evict you, but in order to issue a section 21 notice - the first step towards applying for a court possession order, he will have to return the deposit in full, otherwise the notice is invalid.

      You can also launch a claim for breahc of deposit protection, which will allow you to claim 1-3x the deposit value, at the discretion of the court, but this can be a long-winded and costly court procedure.

      If you want to delay any eviction process, and an S21 lands on the doorstep, just keep the deposit protection invalidity under your belt, and let the landlord waste a little time getting his notice right before the court will take his application seriously!

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        #18
        Two related threads have been merged.
        I also post as Mars_Mug when not moderating

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