AST notice, not mentioning Section 21, and late DPS registration

[nitsuanomis]

Hello,

 

I have two questions for you, if I may:

 

1. My landlord has served me with notice requiring possession of the property at the end of our fixed term AST, however a. this has been sent via e-mail and b. it does not mentioned Section 21. Is this a valid notice?

 

2. My landlord did not protect my deposit within 14 days of receipt, but has since (over a year after it was paid). Where would I stand if I wanted to dispute this?

 

I've tried to keep it succinct, but if you need further information please do not hesitate to ask. Otherwise, thank you in advance for your advice.

 

Simon

[nitsuanomis]

Ugh. Sorry to reply to my own post, but I forgot to mention: In point 2, the landlord has never provided us with information about registering our deposit - the only letter we have has come from the DPS themselves.

 

Simon

[The Carpet Cleaners]

1. it does not have to say section 21, but does have to give the required timespan notice. I would say email is not a recognised way of issuing such a notice though, as there is no proof that you received it.

 

2. Not a chance of disputing it I am afraid, as the deposit is now protected. Unless it was protected after 30th May this year. Have you had notice that it has been protected and which scheme it is in?

 

What date is your AST due to end?

[nitsuanomis]

1. Hmm... I have replied to his e-mail (as we asked to extend the tenancy), so I guess he does now have proof that we received it? :~

 

2. Looks like it was registered mid-April with The Deposit Protection Service. My co-tenant has received a letter from them, but I have not; neither of us were informed by the landlord at all.

 

The AST finishes on 21-Aug.

 

Simon

[The Carpet Cleaners]

It is usually the dps who provide the information, and it was protected in time with the new legislation, so LL is covered there.

 

Yes LL now has proof that you received notice, however when did you receive it?? if it was not before the 21st June then it will be invalid, as there has to be 2 periods of the rent payment as notice, so the earliest it could have if received after 21st June is 20th September.

[nitsuanomis]

It was before that date, so he's all set there too.

 

Oh well, worth an ask and thank you for your advice!

 

Simon

[The Carpet Cleaners]

You are welcome.

 

You do not have to move out then though....

 

All it is, is a notice that LL seeks posession. Try talking to LL he may just want to up the rent a little, or may want you to sign another AST.