UK Landlord Forum / Life

Hello,

I am a tenant looking for some advice please.  I was served with a section 21 notice to vacate my rented property. I found that the section 21 was invalid due to not being given a valid EPC and the agent had not properly served me with the Prescribed Information.  I wrote to the landlord advising the section 21 was invalid and asked for my deposit to be refunded together with compensation in line with section 214 of the Housing Act. 

The agent then served a valid EPC and all other documents forming the full PI followed by a second section 21 notice.  They advised the landlord would not refund my deposit as he was satisfied with how it was handled...They refuse to admit their error and insisted I vacate the property as the landlord wished to sell the property. This was just not true as the property was advertised for £300 more per month the minute I vacated in Aug. The property is now rented out!  Can I take any action against the landlord/agent for driving me out of the property unlawfully (invalid section 21 and lying about selling?)  Although the PI was re-served, I sought legal advice and was told that the second section 21 was still invalid as the landlord should have refunded my deposit and come to an agreement about any compensation (section 215 (2A) of Housing Act) before being able to serve a valid section 21 notice.  Is this correct?

The PI formed part of the tenancy agreement but the missing parts were the scheme leaflets that many clauses in the PI referred to.  There was also a section to sign to confirm receipt of these documents. As I was signing by docusign, I emailed the agent on the day of signing to say no deposit documents were attached. He insisted it was in the PI section.  I expected these leaflets to come with the deposit certificate but it did not.  In fact, I didn't receive the deposit certificate and had to chase the agent for this.  The certificate was emailed to me 31 days after my deposit was protected and no leaflets came with it.  Is late delivery of the certificate also a breach of tenancy deposit rules?  The DPS advised me that the agent was wrong in expecting me to sign the PI within the tenancy agreement before the deposit was protected as this was premature and I was not given a proper chance to review the details.  Is this correct?

I am preparing a county court claim against the landlord for compensation relating to non compliance of tenancy deposit rules and also want to take action against the agent.  Can I also claim against the agent in the county court or should I go via the Property Redress scheme?

The landlord has also been nasty, not wanting to address issues and left me with mould, faulty electrics, other items in disrepair.

Any advice you can provide would be greatly appreciated.

Regards,

You can't take action against the landlord or agent for lying about why the section 21 was served.
You don't actually have to move out when you receive a section 21 notice (or tell the agent if it's invalid), if you decline to move out, the landlord would have to take you to court to recover possession (and would fail if the notice was invalid).
However, that's a lot of stress and can cost money if you lose the claim.

Whoever told you that the second section 21 was invalid because the landlord should have returned the deposit and agreed compensation would have been correct if the deposit hadn't been protected properly (but only about the return of the deposit, not the compensation claim), but not if the Prescribed Information only was the problem.

If you weren't given the Prescribed Information within 30 days of providing it to the landlord or agent, there has been a breach of the deposit regulations, and you could claim the deposit and a penalty from the landlord or agent (or both). But the penalty is likely to be at the low end of the scale, although the failure to return the deposit would count against them. It quite a complex process to make this kind of claim, so you might be better off finding someone who specialises in no win no fee claims who'll try and recover something out of court. However, they'll take a chunk of the money and they aren't often keen on Prescribed Information only claims.

Your landlord isn't entitled to keep your deposit "as he was[n,t] satisfied with how it was handled", they can only claim compensation for a loss beyond what was expected when they entered into the contract for a tenancy. So you might actually have more luck using the small claims process to sue the landlord (and the agent if you gave the deposit to them) for its return, as you're more likely to be successful.

Hello, thanks for the response.

Shelter.org.uk advised me that the deposit should be returned if the prescribed information was not sent. It is also on their web page. Is this incorrect then?
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid#title-1

Ok so I can't do anything about the landlord lying or the section 21 to get me out but I can take action for breach of tenancy deposit rules and possibly get the lower end compensation?

I also read somewhere that the judge takes into account how the landlord carried themselves when awarding penalties. Is this correct?

I don't think that's what they're trying to say, I think the three options in the section headed "Failure to provide prescribed information" under "The landlord can serve a new valid notice after:" are all meant to be separated by "or".

The Prescribed Information can be served anytime before the section 21 notice - only the failure to actually protect the deposit to the deadline is usually the reason a deposit has to be returned.

You can take action for the breach of the deposit regulations, but it's not a simple process and it's expensive, and you only get your money back if you win (which you should, but these cases are easy to lose on a procedural technicality). The judge can take pretty much anything they like into account when deciding the level of penalty, it's entirely discretionary (within reason, obviously).

Thank you for the info!
My main reason for county court action was to show the landlord and estate agent that they cannot get away with treating tenants this way. I believe the court fee is around £300. Would I have to pay the defendant's costs if I lose?

Quote from: groovychick888 on November 21, 2022, 09:39:46 AMWould I have to pay the defendant's costs if I lose?

Probably. The court awards the costs, so it's not 100%, but, unless the judge thinks something's unusual, the costs normally go to the loser of the case.