I hope you are well and thank you for the messages that I have already received since posting to this forum very helpful.
To cut the story my tenancy expired in August 2020 landlords wanted me out on 1st October I said I cant they extended to 1st November, now I have been given 2nd NQT which is just on letting agents headed paper saying ‘Requiring Property Back’, I got a phone call from letting agent saying that I will get my deposit back once I leave the property, however, I do not know where my deposit is, no how-to rent booklet was given in the beginning or Gas, Electric Safety certs. I have contacted the local authority, Shelter, and CAB. I am right in writing a letter and saying that I am requesting for my deposit plus £50 to be paid to me now as well as 6 months NQT and safety certs before I vacate as that’s what the LA said I am entitled to do just wanted to make sure sorry again this is giving me such stress and anxiety not to mention the property is in disrepair and the lettings agent had the cheek to say I already knew that before moving in actually no, no mention of that was every said otherwise I would not have moved in.
Thank you all
You are probably in a strong position because it sounds like neither your landlord nor the agent know what they are doing. If the agent just sent a letter requiring the property back then this is of no legal effect. They would need to serve you with a valid notice using the proper form. The most common notice is a s21, but if they have not previously served you the gas cert the EPC and the How to Rent booklet, they would not be able to use that notice. If they’ve never even had a gas cert, they would probably never be able to use s21. It is not in your interest to tell them any of this or to request a notice. I would suggest you only contact them to say that unfortunately you are not in a position to move out at the moment and not to engage in any further discussion about it. It may be many months before they get it right and end up serving a valid s21. At the moment the notice period once served is 6 months so you probably have enough time to find somewhere else. If they haven’t protected your deposit properly that will also invalidate their s21 notice, but it will also mean that if you wish you can claim a penalty against them of up to 3x the deposit through the courts.
Thank you for your advice, Im still continuing to look for properties to vacate next year so all I should do now is keep saving for the new property and then claim the deposit and maybe a penalty through the courts as I doubt that when I move the letting agent will just give back the deposit I do not trust them at all. From now on no communications from myself there’s a leak in the kitchen that has started again but I can manager that. I have informed the agents of all disrepair still ongoing. Would It be worth getting some legal advice or just to take it to the court once I leave?
Thank you again
You can check if your deposit is protected here: https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected?&gclid=Cj0KCQiAk53-BRD0ARIsAJuNhpvVgNfHs4gbIZEcjEEMbN1tFvlArBS6L_hIiEEOIeWcm9yYI2cPK8waAmzzEALw_wcB
Make sure you keep the agent updated about the leak in the kitchen as you don’t want them to claim it got worse because you didn’t give them an opportunity to fix it.
You may need legal advice on making the deposit penalty claim if one is needed.