Section 21 invalid if a LANDLORD name is wrong?

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

  • theartfullodger
    replied
    Originally posted by ctrlindustries View Post
    ............................How can i return the deposit if I don't have their bank details to transfer etc?

    I cant really exactly leave it as cash in an envelope....
    Two options suggested...

    a) post a cheque (take photocopy) with **free** "Proof of postage" certificate to them. You have then returned it, if they chose not to cash it that is their problem...
    b) Go round with envelope of cash: Offer it to them in exchange for signed receipt by them (take draft receipt): If they decline, walk away.


    It is recommended landlords comply with the law: It is recommended tenants & agents do likewise.

    Leave a comment:


  • ctrlindustries
    replied
    Originally posted by jpkeates View Post
    There isn't anything you can do to avoid being sued if the tenant wants to.

    Returning the deposit might mitigate the issue when the judge awards the penalty, which can be between 1 and 3 times the value of the deposit.
    Hopefully 3 times is for the worst cases, so you might have the penalty reduced if you return the deposit.

    You need to return the deposit, not offer to return it.
    Ok. So i can use that possibly as a mitigating factor.. Thank you JP Keates.
    I'm not a dishonourable human being and I never want to be painted as such. This has been the first place i have let. I work full time also and it's tough with my two children to do what I can. I'm trying my utmost.

    How can i return the deposit if I don't have their bank details to transfer etc?

    I cant really exactly leave it as cash in an envelope....

    Leave a comment:


  • thesaint
    replied
    Originally posted by thesaint View Post
    Did you also not protect the deposit within 30 days?
    In case you missed it.

    Leave a comment:


  • jpkeates
    replied
    There isn't anything you can do to avoid being sued if the tenant wants to.

    Returning the deposit might mitigate the issue when the judge awards the penalty, which can be between 1 and 3 times the value of the deposit.
    Hopefully 3 times is for the worst cases, so you might have the penalty reduced if you return the deposit.

    You need to return the deposit, not offer to return it.

    Leave a comment:


  • ctrlindustries
    replied
    Im a little bit worried.

    What is the best thing for me to do? If i offer to give them their deposit back in writing or email... is that enough for me to not get sued as I have offered to return it??

    Leave a comment:


  • jpkeates
    replied
    Originally posted by ctrlindustries View Post
    Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss?
    The tenant is awarded a penalty fee - specifically to dissuade landlords from not following the regulations.
    It's not compensation, it's a penalty.
    So if i pay my tenant their deposit now, and then serve another section 21... I am ok? I can't be sued if i choose to transfer my tenant their deposit today?
    Returning the deposit allows a valid s21 to be served.
    It doesn't prevent the tenant suing you - they have up to six years from when the deposit should have been protected and the PI served.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by ctrlindustries View Post
    Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss? ....
    Because that is what the law says. Brought in because too many landlords were not handling deposits correctly... see..
    http://england.shelter.org.uk/get_ad...nsation_claims

    3x deposit is enough for most people to fill in a form or two. There are even no-win no-fee merchants handling it for tenants...
    http://www.helpfortenants.co.uk/suin...r-deposit.html

    Leave a comment:


  • ctrlindustries
    replied
    Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss?

    So if i pay my tenant their deposit now, and then serve another section 21... I am ok? I can't be sued if i choose to transfer my tenant their deposit today?

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by ctrlindustries View Post
    Thank you so much for your responses.

    The only aspect I am concerned about is that we haven't given the tenant details of the protection scheme as we only put the deposit into protect recently.

    Does it matter if we didnt give the tenant the information within 30 days of taking the deposit?
    Yeah: Because it was not protected as the law says the tenant can sue you for up to 3x deposit. And any s21 is invalid: You'd need to return deposit then serve a new, fresh, s21.

    It is recommended that landlords comply with the law: Ditto agents: Ditto tenants: MPs.. ah, nice idea....

    Leave a comment:


  • thesaint
    replied
    Did you also not protect the deposit within 30 days? If so, you can't even give them the details now and then serve a valid Sec 21.

    Leave a comment:


  • jpkeates
    replied
    Yes, it makes the s21 invalid.

    Leave a comment:


  • ctrlindustries
    replied
    Thank you so much for your responses.

    The only aspect I am concerned about is that we haven't given the tenant details of the protection scheme as we only put the deposit into protect recently.

    Does it matter if we didnt give the tenant the information within 30 days of taking the deposit?

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by JK0 View Post
    However, in future you might want to put down your correct names on legal things like tenancy agreements.
    Has to be the best policy. It stops anyone taking the point.

    Leave a comment:


  • thesaint
    replied
    No, it won't render your Sec 21 invalid.
    A Sec 21 just needs to come from the landlord. It doesn't even need to match the name(s)on the tenancy agreement.

    Of course everything matching is always the best way to go.

    Leave a comment:


  • jpkeates
    replied
    Legally speaking your name is what you're known as.
    It doesn't have to be the name on your birth certificate or passport.

    On the other hand, it does make it more complex if you want to get something like a driving licence and your name isn't what it is on other legal documents (like your birth certificate).
    There's a process where you formally change your name (a deed poll), which might help going forward.

    And if its found invalid you would just issue another one.
    There's nothing to stop you issuing one now - they can both co-exist and the new one won't invalidate the current one.

    Leave a comment:

Latest Activity

Collapse

Working...
X