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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I live in the UK and am a private tenant. I was issued

Customer Question

Hi, I live in the UK and am a private tenant. I was issued with an eviction notice while going through a period of very unstable mental health. I was in arrears with rent but am now up to date. Is there any way I can appeal the eviction on the grounds of being mentally unwell? I feel the eviction was issued unfairly.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What were the grounds ? S8?
Customer: replied 2 years ago.
I'm sorry I don't know what the grounds were. I'm currently in psychiatric hospital and don't have access to the forms. As far as I'm aware no grounds were given.
Expert:  Jo C. replied 2 years ago.
Ok.
Were you more than two months in arrears?
Customer: replied 2 years ago.
I think it was an s21 eviction. It looks like I can't do anything in this case. I was a month in arrears.
Expert:  Jo C. replied 2 years ago.
No, that is probably right.
Had you attended and asked for time then it might have been granted but that didn't happen.
There are only limited grounds of appeal. Those are error in fact or in law. If there were arrears then the Judge was perfectly free to grant a possession order in favour of the landlord. If it was only one month then he did have discretion and I suppose that might not have been exercised against you if you had attended but in your absence it tends to work out in that way I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
The landlady took our deposit in 2013 in cash. She did not mention on this tenancy agreement that the deposit would be paid into the tenancy deposit scheme. She then drew up a new tenancy agreement in December 2014 which mentioned the tenancy deposit scheme. So from what I can read on the Shelter website, if the deposit was paid into the scheme more than 30 days after being paid, the s21 is invalid. Would this be accurate?
Expert:  Jo C. replied 2 years ago.
No.
It would mean you have a claim under the localism act and indeed you still do. But as long as it is a secured up she can serve a S21 notice.
Customer: replied 2 years ago.
So is there nothing I can do to appeal the eviction?
Expert:  Jo C. replied 2 years ago.
Not on these facts realistically.
Customer: replied 2 years ago.
Why would the thirty day thing not make the s21 invalid? What claim do I have under the localism act?
Expert:  Jo C. replied 2 years ago.
1 Because it doesn't. It just doesn't do that. It was never designed to lock landlords into contracts forever.
2 You have a claim for up to three times the sum of the deposit although the reality is that you would only get the sum of the deposit and if that has been returned already it is not worth pursuing.