Section 21 advice needed asap please

[kim vane]

I had some issues with my landlord last year

(gas safety check had not been done for 2 years plus some repairs needed doing) and

he issued me with a section 21.

 

He then took me to court but withdrew the claim for possession because I pointed out that he had not protected my deposit.

 

Rather than protect my deposit he refunded it to me but then agreed for me to stay in the property.

 

All was fine until in January

 

I again asked for the repair work to be done.

 

I have now received a claim for possession from the courts.

 

Unfortunately as I have been on holiday I have only just received it and it needs to be back at the court tomorrow!

 

My question is,

is the original section 21 notice invalid

because my deposit was not protected when he sent it,

or is it valid now because the deposit has now been returned?

 

 

Thanks in advance for any advice

[The Carpet Cleaners]

As far as I am aware, the original section 21 was invalid, and therefore would have been needed to be re-issued once the deposit was repaid. If the LL wishes to start possession, then he will need to issue another valid section 21. You should put this in the defense notice, and the court should throw out the claim.

[kim vane]

As far as I am aware, the original section 21 was invalid, and therefore would have been needed to be re-issued once the deposit was repaid. If the LL wishes to start possession, then he will need to issue another valid section 21. You should put this in the defense notice, and the court should throw out the claim.

 

Thank you, I thought this may be the case but wanted to make sure.