I have been doing a lot of work leading up to the launch of Tom’s new book next week.
I am also rather excited about a new project (or rather projects) I am developing on the School for Landlords site which I will tell you about later.
But what happened on the blog?
Monday
All tenancy deposit adjudicators are biased against landlords – discuss
This post looks at the reasons why landlords need help with the tenancy deposit adjudication’s, and introduces Tom’s book at what was the start of my tenancy deposit week. However it also proved a great post for discussions with loads of people wanting to comment. Take a look here …
Tenant has an unlockable door problem
Poor Charles has a door with no key to his balcony and his landlord claims to be entitled to refuse to provide him with one. Find out more here …
Tuesday
School for landlords – deposit prescribed information notices
The notices that landlords often don’t realise they have to serve but which are really important. Find out why here …
Can a tenant ask for two final inspections?
Tom Derrett helps me out with this readers questions on deposits. Take a look here …
Wednesday
Tom Derrett’s deposit protection nightmares
Three horror stories that actually happened. Read all about them here …
Can I evict the tenant if I did not protect the deposit?
A fairly common question to the blog clinic. Read my answer here …
Thursday
Tom Derrett interview on how to win deposit disputes
Tom gives some really useful information in this 16 minutes interview. Watch it here …
Friday
Ben Reeve Lewis Friday Newsround #50
Fifty newsrounds! Thats nearly a year (well IS a year when you take the Christmas break into account). This one is as entertaining as ever with Ben looking at property scamming grandma’s and housing benefit misrepresentations. Read it all here …
Agents have closed, what rights does the landlord have re the deposit?
An all too common question. This one relates to the closure of agents Baxter Todd. Read about it here …
Further reading
- My History of Law blog reached the inevitable Henry II topic with the Constitutions of Clarendon and the Beckett affair
- The Guardian writes about a new service from Experien who are now it seems going to include information about rental payments in their credit files
- Read this post about a Leeds landlord who was prosecuted for unlawfully retaining tenants deposits (thanks to Landlord Law Blog reader Alice for sending this in)
- Finally you can find >> here a radio discussion with the Property Ombudsman on regulations of agents
Keep up to date with news items on my Landlord Law facebook page
Hi,
I found a discussion up here upon the subject whether landlords can start proceedings to evict before the notice [Section 21]runs out and do not seem to be able to leave a comment by clicking on the comment link.
After reading the above blog, I just bumped into a regulation which may answer the question.
Protection from Eviction Act 1977, Section 5: Validity of Notices to Quit
(1) No notice by a landlord or a tenant to quit any premises let as a dwelling shall be valid unless-
(a)it is in writing and contains such information as may be prescribed, and
(b) it is given not less than 4 weeks before the date on which it is to take effect.
Notices to Quit, etc Prescribed Information Regulations 1988, Section 1:
If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant can lawfully be evicted. THE LANDLORD OR LICENSOR CAN NOT APPLY FOR SUCH AN ORDER BEFORE THE NOTICE TO QUIT OR NOTICE TO DETERMINE HAS RUN OUT.
My question is: all the above does not apply to Section 21 notices if tenancy is not periodic yet because you terminate a fix term and quit when it is periodic.
Thank you.
Hi Beatrix
Comments on all posts close after 3 months. There is a note below the posts which says this, if you scroll up a bit you will see it.
That bit in the Protection from Eviction Act is about Notices to Quit which are a completely different type of notice from section 21 notices. So it does not apply. Sorry.
If you need to know about section 21 notices that I have explained everything exhaustively in my ebook ‘Assured Shorthold Tenancies, your complete guide to section 21’ which you can read about here: http://www.yourlawstore.co.uk/the-secrets-of-assured-shorthold-tenancies-and-section-21/
Yeah the problem being that there is no prescribed information for the look of S21s, other than that the S21 (4) a: served on periodic tenancies must mention S21 somehwere on it.
For something so simple in its intention the detailed ins and outs of it are really confusing. Tessa’s guide simplifies it for all