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Landlord only put deposit in DPS 4 days before issuing a section 21

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168 views 1 replies latest reply: 19 July 2016
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Tenant

Our landlord has decided to sell the property we are renting. When we were told this we were told we would get our deposit straight back but it was never put into the Deposit Protection Sceme which we never realise until then. When it came to viewings the landlord was very pushy with days and times that suited them therefore i gave reasonable times to make it easier on both parties. When for the second time the landlord tried to have a viewing at an unreasonable time we were threatened with our notice. We gave our timetable which was kept to until another time more suitable for the landlord arose. When i declined we received a text to say we were being served our notice. At this point i ask that our deposit was put into the DPS. When we received our section 21 and confirmation of DPS the start date was a week ago and 4 days before section 21 was issued. Also stated was that the length of tenancy of 2 months (which is the end of notice) We have been in the property for 2 years! Clearly the landlord quickly protected our deposit knowing that a section 21 was not enforecable until then. My question is how can they get away with this when the information of date and length of tenancy is clearly incorrect?

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Agent

Hi Tracey,

As Tenants you have a responsibilty to ensure the laws in place to protect you, such as registration of deposits, are followed and enforced. Landlords should register deposis within 28 days of receipt of ufnds however, as long as the y do register it before you file a breach, they are fine. That said, they must do more than just register- you must completed a ‘Prescribed Information’ document, must receive a registration certificate, deposit sheme leaflet and givernment guide on renting in England and Wales. Failure to undertake ANY of these is a breach and you can report this.

As long as your Deposit is registered and your Gas Safety cerificate is valid, your Landlord can serve you 2 months notice to terminate- as long as your tenancy permits it (check Notice clause).

A Landlord cannt enter a property without your consent- doing so is tresspassing and if he refuses to respect this you can report the matter to the local police.

Hope that helps.

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