Tenancy ending

[Plain Jane]

I am currently 9 months pregnant and have 8 year old child and have no idea where I stand or where I can get help from.

Back in April my landlord told me my contract wouldn't be renewed again in the August, as he wants to renovate the property. I have been looking for properties since and recently found one to move in too. My contract is up 21st August and the new property would be available from 1st September. My landlord agreed to let me stay until September but he would be commencing work in the garden from 21st as I should have been out that day.

I have since been informed that the new property I was supposed to move too is now not available and I now have to find somewhere else to move too. The landlord has said that I need to be out 1st September latest as he will be knocking part of the house down.

I have tried to contact citizens advice to no avail and I am unable to go to the council as I have more then their threshold in savings.

Does anyone have any advice please?

[islandgirl]

Have you been given a S21 official notice? Is your deposit protected in a scheme?

[Plain Jane]

No section 21 given. I'm not sure if my deposit is protected?

[islandgirl]

https://www.gov.uk/private-renting-t...d-your-tenancy

To make you leave (ie to commence court proceedings to evict you) you must have received a written S21 notice and the deposit must be protected. Obviously you need to be looking for somewhere urgently - you should be able to bid on council properties too. You should aim to leave asap as if the LL has to go to court you have to pay the costs - but you cannot be forced out. If the deposit is not in a scheme the LL could be made to pay you up to 3 x its value too.

[Plain Jane]

Ok thank you. I cannot bid on council properties as I have savings over the threshold of their policy. How would I find out if my deposit is in a scheme?

[islandgirl]

check the schemes https://www.gov.uk/tenancy-deposit-protection

https://www.depositprotection.com/te...osit-protected

https://england.shelter.org.uk/housi...t_is_protected

[Plain Jane]

How do I stop the landlord from commencing work while I am still living there? He's told me that the builders will start work in the garden on 26th August?

[islandgirl]

You have the option of raising all the above and telling him you will not be leaving but you need to be sure of your ground and should get some proper advice before you do go down that road. If he has not issued a S21 he will have to do so. That will give you notice to quit by a certain date. He cannot force you out by that date either but can commence court proceedings to remove you. Alternatively you can try to negotiate explain the situation and say he can work in the garden but not the house and you will leave when you find somewhere. I have to stress (as a LL) that you do need to leave but you can probably buy some more time. I also suggest that you post this issue on the Landlordzone forum which helps tenants and landlords and is more specialist. They will also ask about the S21 and the deposit. Did you discover it is registered?

[Plain Jane]

I did check on the website by putting in my details but nothing was found. I will give them a call.

Thanks for the advice, I really appreciate it.

[islandgirl]

If the deposit is not protected the landlord cannot issue a S21 notice - he would have to repay your deposit and you can still sue for 3 x the amount

[tesla6518]

Your tenancy agreement should have the information of where the deposit is lodged, however the landlord must provide the information within a 30 day period from the date the deposit was received

[Plain Jane]

It says, the deposit will be held by the agent as stakeholder.

[islandgirl]

As far as I know it must still be registered in a scheme
https://england.shelter.org.uk/housi...otection_rules

[Plain Jane]

I finally found it. It's with my deposits

[islandgirl]

OK but you still need to receive a S21 notice in writing - as I say post on Landlordzone and see what advice you get there