Section 21

[Mars]

Hi,

im hoping somebody could help me here...

our landlord has served us with a section 21 with 3 months notice, the section 21 itself is deemed invalid.

(Landlord protected our deposit on 6th October 2015, then emailed in 29th October informing us that we would be served with a section 21, due to wanting to change the property to a holiday let, email also stated they had several meetings with accountant, it is believed the deposit was only protected in order to serve the section 21. We have lived in the property for 3yrs and 6months, initially a short hold tendency with a rolling contract)

despite this we have been searching for our new home.. And have found one.

My question is do We have to serve the landlord a notice to quit with one months notice, or can we just leave before the date stated on the section 21.

We we want to move ASAP, things have been strained between us for sometime (the landlords and us).

we plan on serving a letter before notice on signing up for our new property for failing to put our deposit in a DPS.

any advice would be much appreciated, there is so much advice for sticking out the section 21 and court proceedings but nothing on if you wish to leave before the section 21 is up.

- - - Updated - - -

**letter before action

[Kati]

Re: Section 21

[MENTION=15129]Crazy council[/MENTION] might be best to advise xx

[Mars]

Re: Section 21

Hi thank you for your reply.. Can I contact crazy council direct or do I have to wait for s/he to drop by?

Have read several forum posts for section 21 help, but none regarding leaving before the notice is up xx

[Crazy council]

Re: Section 21

Hi

Re the deposit not being protected, although your LL has not quite acted properly from the start, they have now, before they took action. Technically there at fault, but, you dont have a loss to claim, so you would struggle to claim against them.

If you anticipate difficulty in getting the Dep back from the LL, thats when its time to make a claim.

My question is do We have to serve the landlord a notice to quit with one months notice

Unfortunately, yes, otherwise your LL can claim your deposit for arrears. If the LL is unreasonable about the deposit return, thats when you serve the LBA

[Mars]

Re: Section 21

Hi,

thanks for that, our rental date is the 28th of the month, as we have now found another property (not yet signed papers) we want to move in ASAP.

so assuming we signed agreement for moving on 27th of this month we could not serve 1month. Is there another way around this? As if we leak over by even a day we are liable for the rent until the 28th December?

[Crazy council]

Re: Section 21

Can be done by agreement with the ll but thrre is no way to get around the notice unless the property became unenhabitable.

Depending on the wording of ur contract . Usualy. You can give 4 weeks to the next monday. It doesnt have to meet up with the rent date.

Take pictures of everything before u leave to stop any damage disputs with the ll

[User]

Section 21

Hi,

i have posted before but can't log into my account, here is the story....

our landlords served us with with a section 21 notice with 3months notice, the section 21 was invalid as they did not protect our deposit within the timescale in fact they diddnt protect it until just before they served the notice (we have lived at the address for 3yrs and 8months)

we we found somewhere else to live and served our 1 month notice to let them know we was vacating..

since then then we have sent an LBA as they have tried deducting money from our deposit, they have written back stating that there is a check to collect of the original sum they offered back,

our deposit it £400 they are offering £175

where do I go from here?

[Kati]

Re: Section 21

What was your username?? I can at least link the threads??

- - - Updated - - -

and tag [MENTION=15129]Crazy council[/MENTION] for you xx

[User]

Re: Section 21

What was your username?? I can at least link the threads??

- - - Updated - - -

and tag @Crazy council for you xx

Hi,

my user name was Mars

[Kati]

Re: Section 21

Hi,

my user name was Mars

this thread?? http://legalbeagles.info/forums/show...298-Section-21

[User]

Re: Section 21

Hi,

yes that hat is the one ��

[Kati]

Re: Section 21

Hi,

yes that hat is the one ��

I've merged the threads xx

[User]

Re: Section 21

I've merged the threads xx

Thank you Kati, hopefully somebody can help xx

[Kati]

Re: Section 21

Thank you Kati, hopefully somebody can help xx

I'm sure CC will be along soon xx

[CLL1]

Re: Section 21

Hi

Re the deposit not being protected, although your LL has not quite acted properly from the start, they have now, before they took action. Technically there at fault, but, you dont have a loss to claim, so you would struggle to claim against them.

If you anticipate difficulty in getting the Dep back from the LL, thats when its time to make a claim.



Unfortunately, yes, otherwise your LL can claim your deposit for arrears. If the LL is unreasonable about the deposit return, thats when you serve the LBA

Failure to comply with the protection formalities is actionable, whether or not the failure to protect has been "remedied". Still claim for 3x deposit.

- - - Updated - - -

Hi,

i have posted before but can't log into my account, here is the story....

our landlords served us with with a section 21 notice with 3months notice, the section 21 was invalid as they did not protect our deposit within the timescale in fact they diddnt protect it until just before they served the notice (we have lived at the address for 3yrs and 8months)

we we found somewhere else to live and served our 1 month notice to let them know we was vacating..

since then then we have sent an LBA as they have tried deducting money from our deposit, they have written back stating that there is a check to collect of the original sum they offered back,

our deposit it £400 they are offering £175

where do I go from here?

Advise them that they are liable to you for 3 times the amount of your deposit, and your claim will be for such. Reject their offer (on a without prejudice basis).