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Section 21 issued with No Deposit Certificate

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192 views 1 replies latest reply: 11 March 2016


I moved into a property 6 months ago -Sept 2015 and was served a s21 notice 3 months into my tenancy. I have tried to secure another property around the area with no luck. I  wrote to the landlord through the agents to request for more time to enable me secure a new property for my family of 5 but got rejected.

The agents called me today and said the landlord wants to move in tomorrow with contactors to fix the property and they have lined up viewing for the same property. Thjey are also threatening to take me to court and use the accelerated procedure to evict us. And they said I will be charged the legal fees incurred by the landlord.

I have looked at the the tenancy agreement and it says the agents/landlord will send me a signed DPC within 30 days. This was not done. They have also not returned my deposit.

What is my right in this situation and what should i Do.?

Please advise.



If they have served you with a section 21 notice then they are already using what is known as the accelerated procedure. That simply means that they don’t have to have a reason to seek possession of the property. It doesn’t mean that they can just kick you out. They still have to give you notice and, if you don’t leave at the end of the notice period, then they have to go to court for a possession order. If you didn’t leave after that then they would have to go back to court in order to get court appointed bailiffs to remove you – it can take 2-4 months from the end of the notice period in total and if they do it any other way it’s an illegal eviction.

To use the section 21 procedure your deposit must have been protected and you should have been given information about where the deposit was held. If you weren’t given that information then the section 21 notice isn’t valid and you can also take the landlord to court for compensation. So (although I’m not a lawyer), if they take you to court, as they threaten to, it might well be them that end up paying as they’re trying to enforce an invalid notice and they have breached the rules on deposit protection (compensation could be 1-3 times the amount of the deposit).

There’s more information on deposits here and you can get some legal advice from the people at Citizens Advice. If you urgently need to stop eviction threats speak to Shelter.


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