Unfair Section 21 Notice – Tenants Cry for HELP!

Unfair Section 21 Notice – Tenants Cry for HELP!

9:31 AM, 9th July 2013, About 8 years ago 82

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My landlord has issued me with a section 21 because I have asked for certain information regarding where my deposit is and to see a copy of the gas safety certificate.

I am devasted with this as I have a chronically ill daughter whom is on full disability and the house is perfect for her.

Despite numerous requests and pleas he has enforced the section 21 that was in my tenancy agreement.

The landlord had a new boiler installed soon after I moved in. His friend was supposed to fit it but he sub contracted it out to someone who arrived in a car. My daughters safety is paramount and I thought the law protects me.

I went to citizens advice and they advised me to inform environmental health and to send a letter to say give me details of where my deposit is or return it within 14 days.  He has refused point blank saying it is in a scheme but will not give me any details.

I checked a couple of months ago with gas safe and they had no record of the Gas Safety Certificate. He is now sending documents to environmental health but I suspect that these documents will be back dated by his friend.

I am now receiving abusive emails from him telling me to leave the property by 31st August. I am distraught, I’m not eating or sleeping, my daughters health is bad due to the stress.

From what I gathered from my neighbours he did this to the last 2 tenants and they never received their deposits back because he found something wrong with the house.

No one seems to want to help me.

I’m a carer for my daughter 24/7 this is our first rental property after leaving the marital home.

Please can someone help?

LouiseUnfair Section 21 Notice - Tenants Cry for HELP!



Comments

by Industry Observer

10:28 AM, 11th July 2013, About 8 years ago

Reply to the comment left by "shakeel ahmad" at "11/07/2013 - 09:44":

Mark is 100% correct.

Post Localism Act 2011 not only is there now no way to avoid an offence if one has been committeed i.e. failure to BOTH protect deposit and issue PI within 30 days of touching the deposit money, but the route to serving a valid s21 is now totally different.

If the offence is committed unless and until any 'live' deposit is refunded (NOT protected late as used to be pre LA2011) OR any order of a Court has been complied with in terms of an offence which has already been paid and a penalty award made against the Landlord, a valid s21 cannot be issued.

Simple as that and this is why post Suurpere v Nice July 2011, Ayannuga v Swindells Octo 2012, Johnson v Old and Superstrike, plus this unnamed case in a County Court with agent name instead of LL name in PI form, these cases and claims are going to expand exponentially given that the ex tenant can now sue (post LA2011) and for up to 6 years from date of offence if tenancy ended after 6.4.12

Happy Days eh?!!

by Shakeel Ahmad

10:50 AM, 11th July 2013, About 8 years ago

My remarks were aimed at landlord having the property back and not other issues. It seems that Louise was concerned about moving out due to her set of circumstances.

by HB Welcome

12:54 PM, 11th July 2013, About 8 years ago

A lot of inaccurate information on here about section 21 and deposits.
Here is chapter and verse.

Section 215
(2A)Subsections (1) and (2) do not apply in a case where—
(a)the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
(b)an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.

by Industry Observer

14:18 PM, 11th July 2013, About 8 years ago

Reply to the comment left by "shakeel ahmad" at "11/07/2013 - 10:50":

You said that the LL could register the deposit and serve s21 - he cannot

@ HB Welcome

That's what I said didn't I? Unless the deposit has already been returned, or an instruction of the Court complied with, then s21 cannot be served

by Shakeel Ahmad

15:11 PM, 11th July 2013, About 8 years ago

So, are you saying that where a deposit is not registered within the month. The landlord cannot get his property back ? ( let us not talk about the fines here ) This means the landlord has a sitting tenant, What would the mortgage provider think of this & how would they protect their position/security ?

by HB Welcome

15:19 PM, 11th July 2013, About 8 years ago

@I.O
"That’s what I said didn’t I? Unless the deposit has already been returned, or an instruction of the Court complied with"

... or withdrawn
... or settled by agreement between the parties
... or with such deductions as are agreed between the landlord and tenant

Mark wasn't 100% correct he was only 20% correct.
Other respected posters have made the same inaccurate statement.

by HB Welcome

15:23 PM, 11th July 2013, About 8 years ago

@Shakeel
Read my comment of 12.54
Irrespective of which, section 8 is still available.

by ginnie kile

0:28 AM, 12th July 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "09/07/2013 - 20:00":

"to seek revenge"! What great advice!!

by Mark Alexander

7:33 AM, 12th July 2013, About 8 years ago

May I respectfully request that shakeel ahmad and ginnie kile read the entire thread again please. Thank you.

by Louise Mac

13:44 PM, 12th July 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "12/07/2013 - 07:33":

Just got an email from dps issuing me with certificate dated 9th July 2013. I moved in 1st march and I've found out they do not have my money but its an insured scheme and he's still got my deposit money I'm very confused where does this leave me? Would appreciate anyone's help in clarifying this.


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