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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My tenant and I have had a hearing whereby the tenant wanted

Customer Question

My tenant and I have had a hearing whereby the tenant wanted to set aside a possession order that was granted. The case has been adjourned for a later date. The tenant's ground for setting it aside is that he never received the prescribed information with the deposit protection. Any way, my question is , despite all this, can I serve a section 13 notice to the tenant TOMORROW, with the view of doubling the rent and can this be done without renewing a tenancy agreement ie so that he remains in a periodic tenancy. tHE TENANCY STARTED ON THE 20TH OF APRIL 2012.
Thank you.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you.
Alex Watts : If the tenant is outside his fixed term the yes you may do this.
Alex Watts : However if the tenant objects he can refer it to the Rent Commiteee who can assess whether the rent is fair.
Alex Watts : But there is nothing stopping you serving the notice
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-goijhgqn- :

Will he remain in a periodic tenancy?

Alex Watts : Yes, you are not granting a new tenancy.
Alex Watts : Does that clarify?
JACUSTOMER-goijhgqn- :

Being that the matter is at court does not make a difference to the ability to serve a section 13 notice? And it is in fact a section 13 notice and not any other is it ie section 4b or something?

JACUSTOMER-goijhgqn- :

Are you available to represent me in court - Rmford County Court.

Alex Watts : Sadly I can't be instructed as this is against site rules.
JACUSTOMER-goijhgqn- :

ok

JACUSTOMER-goijhgqn- :

it is section 13 though isn't it? I read somewhere that there is also a section 4b notice.

JACUSTOMER-goijhgqn- :

what is involved with the rent committee reviewing if it is fair. Just don't want anyfurther trouble. Tenant is already seeking 3k for compensation for not handing him the prescribed info.

Alex Watts : you will need to serve a section 13 notice.
Alex Watts : If you give him the info now and protect his deposit he has no claim
Alex Watts : Does that clarify?
JACUSTOMER-goijhgqn- :

I've already had protected the deposit and I agreed to release it via DPS, in full and did so 2 weeks before he had promised to vacate the property which was 20th April.. So I am unable to protect the deposit again but could still send him the prescribed info via recorded delivery. Would that recrtify the matter.

JACUSTOMER-goijhgqn- :

If it is possible to hand the prescribed information at this stage then please cite the law that confirms this so that I may present it in court. If you can do this then I am happy to pay you twice. Many thsnks

Alex Watts : Yes send the prescribed information now and remedy the error.
Alex Watts : There is a case which says about rectifying errors
Alex Watts : It is
Alex Watts : Ayannuga v Swindells (2012) CA (Civ) 6 November 2012
Alex Watts : Does that help?
JACUSTOMER-goijhgqn- :

Yes. Please send two invoices. It will be great to speak with you in future. Any contact details?

JACUSTOMER-goijhgqn- :

The law cited just proves that the deposit needs to be protected within 3o days and prescribed info needs to be handed to tenant and there should be proof of both occurring. If I were to cite this it would then go against me.

Alex Watts :

Sadly if I could invite you to rate my answer. Then you have the option to leave a tip.

Alex Watts :

It doesn't work the pther way around!

Alex Watts :

No, because the Civil Procedure Rules state where something has been done then you no longer have a cause of action

Alex Watts :

This case assists you Draycott v Hannells

Alex Watts :

Does that clarify?

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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