I have just read the recent case of Superstrike vs. Rodrigues. Sadly that says that the deposit must be protected.\
Therefore what you should do is protect it now, serve the notice.
This is only a very recent decision and I have checked my legal resources and this is now the legal position
But protect and then you can evict.
Can I clarify anything else ?
Thats unfortunate as I went ahead and put in the N5b form after we discussed it in december. I assume that I will have to retract the N5b and lose the £285 I paid to the court?
Can you please explain to me what the 3 different things are?
2. Adjourned Generally
3. Liberty to restore
I have looked at the case you mentioned. It was the one in 2013? I have my interpretation on what it all means, but I don't want to assume.
From my understanding of the deposit protection rules, I should have protected it in august 2007 once the tenancy became a periodic and given the tenant the prescribed information at the time. Therefore, any new sec 21 notice served on the tenant, after the deposit is protected, can still get thrown out. Wouldn't it be better if I could ask 'Stay or adjourned generally with Liberty to restore' then pay the deposit back to the tenant and then serve a second sec 21 notice? Can I do that?
Are you saying the only option I have is to protect the deposit and re-issue the sec 21 or that I could instead ask Stay, return the deposit and then re-issue the sec 21? This would be a better option if possible as they'd have no chance to reject the second sec 21 then no?
That is interesting as I would have thought I would get into trouble with the court if I asked stay and then tried to change something that the defendant has put forward as a defence and then to re-open the case when it has been set right....
Ah I see. Then that sounds good :)
Yes please. Have you got a web link so I can take a look at the rules part 3 please?
If I have answered this question yes
You are on subscription so you can ask as many questions as you like
It works out better if you ask a new question each day, otherwise the system thinks you are stuck!
No, the Court can do it, given the overriding objective of rule 1
You can make an application yourself to be considered
You can but you lose the £285
Which is why a stay is better to rectify proceedings
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/