Here is a question to the blog clinic from Richard (not his real name) who is a tenant
1 – My 6 months Assured shorthold tenancy agreement ends in March 16th 2013 and my landlord needs to give 2 months notices on January the 16th 2013 to take effect in March 16th 2013.
2 – My Landlord did not put how much I paid for deposit, it just says £ 0.00 on the Assured shorthold tenancy agreement..
3 – The Landlord letting agent who took the deposit, told me when the Assured shorthold tenancy agreement ends they will not give back the deposit and I should use it has my last month rent.
4 – I do not think my landlord has protected my deposit with a Government Scheme and they did not provide any proof of it after the after 30 days after I paid the house deposit on 09/16/2012. I only got a receipt saying a I paid £750 as a house deposit.
With the information above do you think
1 – My landlord can use a Section 21 on me when he has not protected my deposit with a Government Scheme ?
2 – If my landlord has given 2 months notices and has protected my deposit with a Government Scheme and I stay in the house after the Assured shorthold tenancy agreement ends, how long would it be until my landlord gets a County Court for possession order from the courts and after that, a warrant of eviction ?
Here are your answers:
1. No, if he has not protected the deposit, he cannot use section 21 to evict you unless he pays the money back to you first.
2. It is difficult to certain how long it would take as some courts are quicker than others. But it would probably take about seven to ten weeks for the possession order to be made, from the posting of the paperwork off to court.
As you rightly say, after the possession order the landlord would need to get a bailiffs appointment. Your landlord would not be able to apply for this until the date given in the possession order for you to leave, has passed.
How long it would then take for the bailiffs appointment to be made would depend on how busy the bailiffs office is. In some busy London courts it can take up to eight weeks. However in quieter courts he could get an appointment in about two weeks. It is impossible to say more than that.
For more information on your rights, see my tenancy deposit claim website.