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View Full Version : No deposit as used against rent - is s21 still valid?



zwypl
09-03-2010, 14:37 PM
AST signed 6/1/09
s21 served 7/1/09

Deposit ot registred with deposit scheme.

July '09 cheque bounced and tenant (verbaly) requested to release deposit (I agreed).

Tennat in arrears of 2-3 months.

Now claiming possesion on s21.

Tenans defence: that he did not agree to release deposit for rent, he does not dispute the arrears though!

Is the s21 still valid? as the tenants admit arrears so deposit is anyway lost or not! Is there arisk of getting fined in court?

jeffrey
09-03-2010, 14:57 PM
If a deposit is no longer held, the earlier non-protection is irrelevant. If the s.21 Notice is inherently valid, press onwards.

westminster
09-03-2010, 15:14 PM
AST signed 6/1/09
s21 served 7/1/09

Deposit not registred with deposit scheme.
Why not?



Tenant in arrears of 2-3 months.

Now claiming possesion on s21.
Why not use s.8 route?


Tenant's defence: that he did not agree to release deposit for rent, he does not dispute the arrears though!
You mean T is saying s.21 is not valid because deposit not protected?


Is there arisk of getting fined in court?
In order for the penalty to be applied, T must firstly make a claim/counterclaim for it. It wouldn't just 'happen'; you'd have the opportunity to defend the claim.

zwypl
09-03-2010, 15:24 PM
If a deposit is no longer held, the earlier non-protection is irrelevant. If the s.21 Notice is inherently valid, press onwards.

But the tenant denies he agreed to use deposit. I have no proof, however even according to tenant, he is in arrears and I used this against the rent. The lease says thatthe deposit may be used to rectify breaches in the tenancy i.e. rent.

Do you think I have a case?

zwypl
09-03-2010, 15:26 PM
Why not?



Why not use s.8 route?


You mean T is saying s.21 is not valid because deposit not protected?


In order for the penalty to be applied, T must firstly make a claim/counterclaim for it. It wouldn't just 'happen'; you'd have the opportunity to defend the claim.


S8 is complicated as it can get down to nitty gritty items of disrepair. I thought that the judge may at their own discretion apply for a penalty on the deposit, if you say it is only upon application I am clam, but please confirm.

jeffrey
09-03-2010, 15:56 PM
But the tenant denies he agreed to use deposit. I have no proof, however even according to tenant, he is in arrears and I used this against the rent. The lease says thatthe deposit may be used to rectify breaches in the tenancy i.e. rent.

Do you think I have a case?
Maybe not, as you've neither returned nor protected the deposit and (ill-advisedly) have no evidence of T's authority.

westminster
09-03-2010, 17:12 PM
I thought that the judge may at their own discretion apply for a penalty on the deposit, if you say it is only upon application I am clam, but please confirm.
The penalty is not 'automatic'. As I said, the tenant must claim for it, you must be given the opportunity to defend the claim (as there are various defences), and only after reviewing the claim, the defence and the evidence would the judge be in a position to decide whether to order the penalty or not.

jeffrey
10-03-2010, 11:54 AM
The Act says 'must'!