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hairyb
27-03-2009, 13:36 PM
Hi

LL serves Section 21
T leaves thinking it was valid

T finds out afterwards that deposit was not protected but LL has now protected the deposit - like they do.

But this stll means the Section 21 was invalid - yes?

I have been informed on another thread that I may have a case for damages for various reasons.

My question is on what grounds would I best pursue this?

An invalid section 21 served due to TDS non compliance and therefore

Misrepresentation?
Negligence?
Fraud Act 2006 offence?

Your thoughts and opinions would be welcome

Many thanks
HairyB

jeffrey
27-03-2009, 14:15 PM
You have already been advised on an existing thread concerning this topic: http://www.landlordzone.co.uk/forums/showthread.php?t=17858

Poppy
27-03-2009, 14:17 PM
What's the problem? Has the deposit been returned in full?

You've vacated the property. Whether the section 21 notice was valid is now irrelevant.

hairyb
27-03-2009, 14:43 PM
What's the problem? Has the deposit been returned in full?

You've vacated the property. Whether the section 21 notice was valid is now irrelevant.

Under the TDS rules he was not allowed to serve the section 21 as the deposit was not protected - that is the problem.

He has seemingly got away with retrospective compliance regarding the TDS rules after submitting my deposit not just late but after my tenancy ended.

So why should he get away with this too?

Poppy
27-03-2009, 15:04 PM
OK, the section 21 notice was invalid. Are you feeling aggrieved because you left voluntarily? I'll also ask again, has the deposit been returned in full?

Please stop being angry.

hairyb
27-03-2009, 16:47 PM
OK, the section 21 notice was invalid. Are you feeling aggrieved because you left voluntarily? I'll also ask again, has the deposit been returned in full?

Please stop being angry.

I really do not get why you think I am being angry from????

The deposit has not been returned and is sitting in the DPS 'awaiting Landlords response' for over 6 weeks now.

The LL informed be by letter after I vacated the property of alleged damages of course I disputed the claim especially as no Inventory or Condition Report exsists for comparison.

I informed the Landlord that he should make his claim through the DPS and has not and has not replied to me either.

I just want an angle to threaten him with to force him into action.

It was the DPS who told me there is no time limit for him to respond and also pointed out the option to take him to court over TDS non compliance even though they are holding the deposit? and we all know that it would seem to be a non starter,and yes you could say I am aggrieved for he knows he does not have a leg to stand on re 'alleged damages' for there was none.

He has used the system to his advantage and continues to try and do so by now frustrating the DPS procedure.

I appologise if I appear angry in the way I write but it is not intentional:)