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Possession Order Valid?

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501 views 3 replies latest reply: 02 April 2015
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Tenant

My landlord was granted a possession order under s.8. and s.21(1)(b) was also served prior to hearing.  Initial AST began June 2010 and new AST signed each year since.  I’ve checked with the all TDS and no record of my deposit is registered. Is the s.21 notice valid and if not would that invalidate the possession order? 

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Administrator

Hi Sharon

If your deposit isn’t registered somewhere then the section 21 won’t be valid. However, the section 8 process doesn’t require this – that would depend on the grounds on which the landlord is serving a section 8 (e.g. non payment of rent). I would imagine if the order has already been granted then all this has been checked by a court?

Have you checked the other tenancy deposit schemes? Deposit Protection Service and MyDeposits.

Alex

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Tenant

Thanks for quick reply Alex! I did reply straight away but my post has vanished!

In papers submitted landlord claimed no deposit paid but in hearing when I challenged him he admitted I had paid a deposit. Neither the judge or his counsel asked if he had protected it.

i checked with the three government schemes and no records have been found.

s.8 mandatory grounds used as I have rent arrears. 

I only discovered information about TDS because I read on a forum that a possession order cannot be applied for without s.21 regardless of grounds – is this correct?

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Administrator

Hi Sharon

There are two ways a landlord can obtain a possession order – one is via section 8 and one is via section 21. The section 21 method is faster and the landlord doesn’t need to have a reason to seek possession but they do need to have protected the deposit, along with meeting a number of other requirements.

The section 8 method doesn’t require the landlord to have protected your deposit. So you can’t stop a section 8 order on that basis.

I’m not sure I can offer any advice on the possession order but if the landlord didn’t protect the deposit and you signed the tenancy after 6 April 2007 you could apply to a county court for compensation – this page tells you how to do it. It’s a legal requirement to protect the deposit and even in this situation I imagine you would be able to make a claim (although I’m not a lawyer).

Hope that helps.

Alex

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