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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Last time you advised me that even though I did not

Customer Question

Hi Alex, Last time you advised me that even though I did not register Deposit in 30 days after Tenancy agreement was signed, but I registered it with DPS in the correct way before serving Section 21. The judge called for hearing but I could not attend
as I had emergency with my baby. You told me to Appeal as it was error when I called to the court they told me that I cannot apply for appeal because I did not attend the hearing. I emailed to the court to clear the ground of dismissal but they could take
up to 15-20 days to review the case. Could you advise? 1. What ground can I appeal in writing please 2. Can I log in Appeal application form within 21 days without stating the reason but state that we are waiting for court reply 3. Regarding Private Licence
Croydon borough I have applied for Exemption on the ground of eviction and no further intention to rent the property but 4. CAN I SERVE SECTION 13 FOR RENT ENCREASE AT THE SAME TIME WHILE GOING THROUGH APPEAL OR EVEN 5. IF I START THE EVICTION PROCESS AGAIN
TO SERVE THE RENT INCREASE CONSIDERING THAT I HAVE APPLIED FOR EXEMPTION FOR LANDLORD LICENCE.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello and thanks for asking for me again.
You registered the deposit BEFORE the S.21 notice was sent. You can appeal because there has been an error in law and the decision was unreasonable. The law states that no step can be taken to evict someone without protecting the deposit - you did that.
Yes you can lodge an appeal within 21 days. You can serve a S.13 rent increase in the meantime -but dont forget it must give the tenant a right to appeal.
Yes you could just start the eviction process again if you want, by applying to Court.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
What about Landlord registartion exemption that I have applied. Will be still exempt as the tenant is funded by council they will have to inform them about rent increase.
Will it not look like I want to terminate the agreement and will not have any intention to rent?Julie
Expert:  Ash replied 2 years ago.
You can apply on that ground too yes.
But the s.21 just means you want the property back.
Alex
Expert:  Ash replied 1 year ago.
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