Section 21 and late deposit protection into SPT period

Section 21 and late deposit protection into SPT period

11:32 AM, 2nd March 2015, About 7 years ago 30

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I would just like to clarify something unequivocally if you can please –

I thought it was set in stone that a section 21 notice cannot be valid if the deposit was protected late (unless the deposit has been returned etc etc.). But I have been told this: As my tenancy has rolled on to a SPT (in effect, a new tenancy) the late protection of the deposit doesn’t matter when it comes to a section 21 because it pertains to the old AST. The deposit is deemed to have been protected on time with regards to the current SPT as it was already protected by the TDS when the SPT started, therefore my section 21 IS valid. Can that be true?

Thanks for any help.

JamesLate



Comments

by James Pond

17:11 PM, 2nd March 2015, About 7 years ago

Thanks everyone.

Just by the way, we never received any more PI when it went SPT either; I understand that that may be an offence too?

by Dr Rosalind Beck

18:00 PM, 2nd March 2015, About 7 years ago

Well, I'm glad you're not my tenant, with your attitude of trying to find any little technicality to remain in the property and maybe screw the landlord for a bit too. Are you up to date with your rent, by the way?
NB. I find that people with this kind of attitude never fare that well financially in the long run. It would be good if you could think of more legitimate ways of earning money. I also wonder why landlords give you advice in these kinds of circumstances. You already could get loads of help from Shelter to try and get one over on your landlord. You also say the letting agent is spiting you, but that would appear to be projection. If I'm not wanted somewhere in life, I get out quick. I don't understand people like you who seem to want to court conflict.

by Michael Barnes

20:28 PM, 2nd March 2015, About 7 years ago

Reply to the comment left by "James Pond" at "02/03/2015 - 15:20":

If you are considering moving out, then it is best not to have the S21 go to court: you will have this in references for future tenancy and landlords are likely to reject you on that basis. Yes you might get some satisfaction from being a pain, but you will also catch some grief that may seriously damage your future.

If you want a bit more time, then talk nicely to the agent/landlord to try to negotiate more time. BUT you will need to pay rent for agreed extension even if you then leave early.

by brian clement

22:23 PM, 2nd March 2015, About 7 years ago

James. You are not a nice person. Why don't you just pack your bags and go. You give tenants a bad name.

by James Pond

23:07 PM, 2nd March 2015, About 7 years ago

Reply to the comment left by "Rosalind ." at "02/03/2015 - 18:00":

Thanks for that insightful comment there Ros.

Not that it is any of your business, but yes, I have always paid my rent on time and in full. Unlucky.

I want the landlord to see exactly what an unscrupulous bunch of cowboys the letting agents are. That I may "screw the landlord for a bit too" is an unfortunate side effect of my spat with the letting agent. They are nothing more than racketeers and extortionists and I will make sure they don't treat anyone else like this. It's called principles, but I wouldn't expect you to understand that.

by James Pond

23:13 PM, 2nd March 2015, About 7 years ago

Reply to the comment left by "Michael Barnes" at "02/03/2015 - 20:28":

Thanks Michael. Taken on board.

Tried that, but I'm afraid they are totally intransigent. But I'm sure Ros and Brian will tell you that's because I'm not nice.

by James Pond

23:17 PM, 2nd March 2015, About 7 years ago

Reply to the comment left by "brian clement" at "02/03/2015 - 22:23":

Thank you Brian. Good of you to jump on the 'James-bashing' bandwagon. Did it take Ros to give you the courage?

Actually I am a very nice person; until some unlicenced, unqualified, incompetent, so-called letting agent tries to screw me over. They give landlords a VERY bad name.

by brian clement

1:35 AM, 3rd March 2015, About 7 years ago

Must admit I did like Rosalinds comment. I think she got you spot on. You should take her advice.

by Michael Barnes

8:15 AM, 3rd March 2015, About 7 years ago

Reply to the comment left by "James Pond" at "02/03/2015 - 23:07":

If you want the landlord to know, then write to him.
The agent is legally obliged to give you his (her?) address.

If you want to "make sure they don’t treat anyone else like this", then go to your local paper with your story, or go to the agent's governing body; the actions of one landlord will not achieve this. No need to screw the landlord to meet your aims.

PS remember the adage "revenge is a dish best served cold". You are still too hot. (been there; learned to cool off before taking action)

by James Pond

12:33 PM, 3rd March 2015, About 7 years ago

Reply to the comment left by "brian clement" at "03/03/2015 - 01:35":

Moderated.

You two are advocating letting agents' extortionate fees. You obviously think it's ok that they can blackmail tenants into paying them by treating them like dirt and using veiled threats to kick them out of their home.

I asked a simple question which requires a simple answer. I don't need a lecture on the morality of the issue; the full facts of which you know nothing about. I suggest you butt out of it and keep your shallow and laughably biased comments to yourselves.

Nice enough Bri?


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