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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter started her tenancy on 08/04/13. She received

Customer Question

My daughter started her tenancy on 08/04/13. She received a Section 21 notice in October to vacate the premises in January. She has 5 children and the Council said she has to have a 3 bedroom house with dining room. No houses have come up with that requirement. She managed to get an extension until next Wednesday but has been told she has to be out by then or he will be taking her to court. She has been told that there is a house coming up today which she can bid on but won't be available until end of February. She has nowhere to go unless she splits the family into 3 separate places. She has been told there is no guarantee she will get the house as someone might have been homeless longer than her. The Landlord won't budge on the date at this stage. She has never received a Tenancy Deposit Certificate and has been asking for the last few months. She has checked the approved websites and nothing is showing up. What would you suggest? Should she stay in the house and let him take her to court in the hope that either this house is offered to her or do you think he might not have registered her deposit?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have the Council told her to stay until she gets a possession order please?
Customer:

I don't think they have.

Customer:

If they'd told her to stay I'm sure she would have said so. We just need advice on the best way to approach this and the right thing to do. My partner and I are going on holiday for a week on Saturday and are trying to get this resolved before we go.

Alex Watts :

Once the Section 21 notice expires the Landlord has to then seek an Order for possession.

Alex Watts :

Once proceedings are issued it takes a further 4-6 weeks to get the matter listed in Court.

Alex Watts :

Even when it is in Court a Judge can delay possession by up to 42 days.

Alex Watts :

Even once the 42 days has passed then if the tenant has not moved out a warrant of eviction (bailiffs) can be sought.

Alex Watts :

Again this takes another 4-6 weeks.

Alex Watts :

So she can delay the whole process by 3 months.

Alex Watts :

She also can stay there if the Landlord has not provided the Deposit Certificate.

Alex Watts :

Indeed the law states a Landlord may not take ANY step (which includes a Section 21) until he has evidence that the deposit is protected.

Alex Watts :

Therefore she should write and state that she will NOT move out because the Section 21 notice is INVALID because no evidence of protection has been offerd.

Alex Watts :

Therefore if the Landlord tries to issue proceedings a Judge would dismiss it because of lack of protection.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I've read somewhere that Landlords can take the acceleration of possession course. Can he do this? Also, do you think the reason he hasn't supplied the certificate is because he doesn't have one. My daughter has always dealt with the agent but has met the Landlord on one occasion. It takes ages to get a reply from the agent and landlord.

Alex Watts :

No. The Landlord can not take ANY step (including a Section 21) unless the deposit is protected

Customer:

But if she has requested the certificate over the past few months and it hasn't been forthcoming do we assume he hasn't registered it.

Alex Watts :

Yes. Therefore they can NOT do anything to get you to leave. You need to write and notify the agent of this

Alex Watts :

Please see:

Alex Watts :

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

Alex Watts :

Does that help?

Customer:

Yes, I will pass this information onto her tonight. Can I get in touch with you tomorrow if I need to?

Alex Watts :

Yes of course.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

If I have any more queries will I have to pay extra? Just so I know.

Alex Watts :

If it is related to the same issue you can come back to this question

Customer:

Thank you very very much. You have been so helpful.

Alex Watts :

No problem - please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

It's been sorted. Thank you.

Expert:  Ash replied 2 years ago.
Great!

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