Section 21 queries

mardi 1 avril 2014

A bit dry this one, but maybe some legal/landlord bods can help me.



Hi,



Find myself in a difficult situation. Have been served with a section 21 notice, looking at procedural anomalies before they go for possession order.



Tenancy started on 16/12/2010



Section 21 dated 7 March 2014



Date of expiry dated: after 11th May, 2014



Do they need to give an exact date (i.e should be the 15th as that is when the tenancy would end) or is the after date appropriate.



I gave (what I thought) was a weeks deposit, is a housing association, they said they don't take deposits, but it would have been a weeks rent, and obviously was not protected under the tenant deposit scheme. A section 21 would be invalid without the tenancy deposit scheme, but what about if no deposit was received, is the section 21 still valid or invalid. I couldn't prove one way or another whether it was a weeks rent or a deposit.



There has been significant problems with the flat since tenancy, mostly where I haven't had hot water/heating consistently over the 3 year period and there is damp in the bathroom and they have told me not to use the bathroom at all! Without going into all of it as it's complex:



Do I have the right to withhold the rental payment pending repairs (even if the money is put into a separate account)



Can I claim abatement of rent paid over the tenancy and how do I go about claiming this.



Also have been having health related problems (exacerbation of asthma) throughout the last 6 months, probably difficult to prove, but can I claim compensation?



They will give me a reference if I leave voluntarily, but if I don't they won't (or at least a good one)! Leaving voluntarily does not strike me as a great idea.




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