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Yes her tenancy began 8.3.2010, I should have lodged the deposit by approx 3.4.2010 but through ignorance of law etc didn't lodge it until begining May 2010.
The notice AST notice requiring possession was served on 2.1.2014 by hand.
I have been reading CAB advice and other advice on line and it says that if the deposit wasn't lodged with the DPS within the 30 days the landlord can not serve the section 21. therefore I am under the impression that the judge would throw out my N5b when they check and see that I didn't deposit the money within the 30 days and I would loose the £180 court fee
Re 1st paragraph (your last answer)
you say 'within terms of AST' but because the deposit was not secured within 30 days have I not FAILED to meet terms of the AST.
I have just looked at the tenancy agreement and it does actually say on there that the deposit has to be secured within the 30days
Will this prevent me getting the possession of property with the N5B
I rated your service because it said my question will not close and you will deal with follow up questions free. But I am not getting answer
you say that I am vulnerable to a claim of 3x deposit, but more likely that tennant would get the sum of the deposit. Is this 'sum of deposit' the actual deposit, or is it a type of fine I would have to pay her aswell as give the deposit back.
yeah thats fine.
I thought that as the tenancy agreement was from 8th March 2013 to
8th March 2014 that the tenant had a right to be in flat until 11.59pm on the 8th march 2014
Sorry, (I looked at wrong Tenancy Agreement)
The tenancy agreement in question states 'fixed term for period of 12 months, from and including the 8th March 2013 to 7th March 2014.
1. Is my section 21 correct when I stated that
I require possession (after) 8th March 2014, if not what should it read with these tenancy dates.
2. Should I use 8th March 2014 as notice expired/End date for question 5 on the N5b Claim for possession. (If not what should this read).
Apologies again for wasting your time, (paper work all over the place).
So tenancy agreement is ok ?
Section 21 should have read end possession required (after) 7th March 2014 ?
End date 7th March 2014 would have been used on N5b Possession claim form for the Court. ?
If you would be kind enough to clarify these points (again) I'll shut up and you will be able to enjoy rest of the day.
So, 7th March 2014 is also put down as notice expired/ end date on the N5b claim form for possession ?
I would be grateful for a quick response before the 'men in white coats come and take me away' haha
Thank you so much.