Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

[YatesLeicester]

AST since 1st August 2003, several renewed contracts (pre April 2007) and 2 further rent increases (post April 2007).

Letting agent (property un-managed) served me with a Section 21 today (30.09.14), signed by the landlord, seeking possession after 01.12.14.

My deposit isn't protected and the most recent written tenancy agreement I have found is for the period 01.09.05-31.08.06.

Is this Section 21 notice valid, and if not, how do I dispute it?

I do not seek any financial compensation, I just require more time to find a new home.

Thank you for your help.

[Kati]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

Hi, and welcome to LB

I looked on the Shelter website - http://england.shelter.org.uk/get_ad...rthold_tenants - to find an answer to your question. You say in your post that your deposit isn't protected??

A Section 21 notice will not be valid if it is served by a landlord who has failed to use a UK government-backed tenancy deposit scheme to protect your deposit or has failed to give you the required information about the scheme used.

What type of tenancy have you got??

Landlords of assured shorthold tenants nearly always have a duty to protect a tenant's deposit with a government-backed tenancy deposit scheme, and provide tenants with certain information within a 30 day time limit.Landlords who fail to do this will be unable to evict their tenants using the 'assured shorthold ground'. Any 'Section 21 notice' they serve will not be valid.
Use Shelter's tenancy deposit checker to check if your landlord should protect your tenancy deposit.
Get advice from a housing adviser or housing lawyer if your landlord tries to evict you when your deposit is not protected or the required information has not been given to you.

On the CAB website - http://www.adviceguide.org.uk/englan...nt_arrears.htm - there is more information. Have a look to see what you can find

Kati x

[YatesLeicester]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

So the notice is not valid?

Do the rent increases constitute a new tenancy agreement? Does this matter?

Thank you very much for your help.

[Kati]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

So the notice is not valid?

Do the rent increases constitute a new tenancy agreement? Does this matter?

Thank you very much for your help.

I'd say that the notice is not valid (because your deposit wasn't secured), but it would be a good idea to check (maybe at CAB?) just to make sure :tinysmile_grin_t:

As for your tenancy, it sounds (to me) like you have a 'rolling agreement' - I'm unsure as to if it will affect the notice tho' :sorry:

K x

[YatesLeicester]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

Does anybody know if the fact that my tenancy started prior to April 2007 makes a difference?

As far as I'm aware, since the deposit law changed in April 2012, all AST section 21s require a protected deposit?

http://www.pims.co.uk/Deposits_2004_Housing_Act

http://nearlylegal.co.uk/blog/2014/06/make-mend/

[clarew77]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

It did used to make a difference that your tenancy started prior to April 2007. However the recent 'stikeout' case has ensured that all deposits held must be registered, even a tenancy which is now in the statutory periodic phase.

[Crazy council]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

Hi

It can depend on some curcs, but, as a basic, as long as the paperwork was served correctly, its valid.

Your first tenancy turned into a periodic tenancy after the first 6 months.

I do not seek any financial compensation, I just require more time to find a new home.

You may be able to negoteate more time. Only a judge can grant the eviction, thats a possession notice. They have to apply to court after that to get the eviction notice. If your rents up to date ( more or less ) then, usualy the judge would give you some time, due to the length of your tenancy. Try negotiate with your agent first..

Your deposit.

If i remember correctly, your owed your deposit plus interest as well. Do everything in writing with your LL

[clarew77]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

I really think this s21 wont be valid IF IF the deposit is not protected. I got the name of the case wrong it is superstrike but here is the link. http://www.depositprotection.com/doc...plications.pdf

[Crazy council]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

Interesting that [MENTION=54000]clarew77[/MENTION]

Am reading through that now. There are a few ways around that i understand, i will ask one of my agent friends what the options are.

YatesLester..... Ring your agent/LL ask them for details of your deposit protections. Tell them if they do not have it, you will require a number of months extra to move. Also ask them for a copy of all the original paperwork.

If the section 21 is classed as not valid, and you dont have much rent arrears, and your LL does not need your property back to live in, or do imedeatly required work on it. You have a ggod chance of suspending any evictio action. On your side, is the length of your tenancy.

[YatesLeicester]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

UPDATE:

I've noticed that the expiry date is wrong, and the landlords full name is not included (only initial for forename).

Also, I did sign a new contract that turned into a periodic post April 2007, but my landlord never gave me a copy. I complained to the Council about disrepair a few months ago and the builders want me out to do these repairs.

I have never missed a rent payment and have even been buying parking permits for my landlord and helping with repairs for many years.

Thank you everyone.

[MissFM]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

Hi YL,

I think it's likely that the section 21 is not enforceable. The unprotected deposit is, quite simply, unlawful.

I think your best bet is to have a friendly dialogue with your LL explaining that all you want is some extra time to sort your next home and that it would suit you both for you NOT to take him to court....

An opinion only - but HTH xx

[clarew77]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

S21 is no fault eviction so repairs or rent arrears make no difference.
Best thing to do it sit out - confirm to them you are not moving without a court order. Then if they bother applying to court - you can submit a defence of bond not registered and dates incorrect.
With that it is likely to be dismissed. It will however give you the time to move as that is what you said you wanted.

[sparky74]

Re: Section 21 Eviction Notice - Deposit Not Protected - Is It Valid?

The section 21 is definetly not valid as the tenancy deposit is not protected. I am personally delaing with an old landlord of mine with exactly the same issue. Read this link http://www.landlords.org.uk/news-cam...acts-explained