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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have been renting privately for 6 yrs and my landlors has

Customer Question

I have been renting privately for 6 yrs and my landlors has now decided to sell the property. She issued me with a section 21 dated 13th of February and terminating on 13th of April. But it didnt reach me until the 19th of Feb and the accompanying letter was dated the 14th of Feb. I assume it is therefore invalid?
In addition, I discovered that she has not protected my deposit for the last 6 yrs. I requested DPS details from her last Thursday 6th March but she said she didnt have them to hand. I called the DPS the following day and discovered that she had made an application to place the deposit with them the previous day after she received my email. At the time it was still pending but am assuming it cleared as she has now emailed me the details. Is she now legally able to issue me with another Section 21 notice even though she has only just protected my deposit?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

If the Notice did not reach you until 19th Feb, then it is invalid.

Now that she has protected your Deposit (albeit very late) any further s21 Notice she serves will be valid.

I'm afraid there is no compensation available to you for the fact of the lateness in her securing your Deposit.

I hope this answers your question.

Kind Regards
AL
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Customer: replied 3 years ago.

I have been advised by Shelter that as she did not protect my deposit by 30 days into the tenancy, if she wants to serve a section 21 on me , she has only 2 options open to her


She can offset the deposit against any arrears, which doesnt apply as there are no arrears


or


she can return my full deposit to me. Only then can she serve a valid Section 21.


Is this information incorrect?

Expert:  Aston Lawyer replied 3 years ago.
Hi,

I am sorry- I wrongly calculated that your Tenancy commenced before April 2007.

As it stands, Shelter are indeed correct!

So, before your Landlord can serve a section 21 notice she does indeed have to repay the deposit less any agreed deductions (there are no arrears of rent, so no deductions are applicable provided there is no dispute on any damage caused to the property).

Apologies again for misleading you on my previous post.

Kind Regards
AL
Customer: replied 3 years ago.

Thankyou for that. One last thing if I may? My landlord and her agent have been unreasonable regarding access for viewings for prospective buyers.


 


I have asked them not to show the house when I am not home and have offered access any afternoon after 2pm and also Sunday open house viewings for a 2 hour period.


But they have insisted on coming into the property when I am out and my children are at school and say they dont need my permission.


Can they do this, especially considering I am not actually under notice to vacate due to the section 21 being invalid?


Many thanks

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

You will need to check the wording of your Tenancy Agreement, but it will usually grant the Landlord or her Agents a right to enter with prospective Buyers at reasonable times, during the last 2 months of the Tenancy, provided 24 hours Notice is given.

I'm sure your Tenancy will say the above or words to that effect. Therefore, the Landlord does certainly need to get your permission before showing anyone round, and it therefore comes down to what is "reasonable times". As you are willing to grant access after 2pm each day, then this would be classed as reasonable.

If your Tenancy does only grant the Landlord the right to show prospective Buyers round in the last 2 months of the Tenancy, then until the s21 Notice is served, then you don't have to grant access at all!

I hope this helps.

Kind Regards
AL