If the landlord has not protected the deposit then he is not able to serve a valid s21 notice bring the tenancy to an end. His rights to serve notice under s8 (eg. rent arrears, late payment of rent, breach of covenant etc) still remain however, so you should be careful to avoid entitling the landlord to s8 grounds.
If there is a term in your tenancy agreement permitting visits for the purpose of viewings then you should observe this term. It does not affect your right to remain in the property until the rent deposit dispute if sorted out and the landlord is able to serve a valid s21 notice again. If you do not allow them access you will be technically in breach and though one would not expect them to attempt a s8 notice on these grounds I wouldn't want to muddy the waters.
Insist on receiving reasonable notice for viewings.
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Hi Tom - thanks. We are leaving anyway so a section 8 wouldn't work. We have found another house and we will be leaving by the expiry of the section 21 - 30 November. I don't understand.... if the section 21 is not valid are we under notice?
My contract states that viewing should be allowed in the last 6 weeks of notice but if we're not under notice then why do we have to allow them?
In addition the landlord and letting agency (before finding out that we knew that the deposit hadn't been lodged) told us (in writing) that they would be retaining the deposit due to - rotten windows & door (like that when we moved in) and mold in the bathroom (which there isn't and we cannot find). These accusations came after a viewing from a prospective tenant (unaccompanied) who then apparently reported the above issues with the property right back to the letting agent. We don't think this was a geniune viewer. Since then they have requested accompanied viewings. Can we ask for proof that the viewers are genuine?
The notice is not valid for the purpose of s21 Housing Act 1988, which means you are not under notice. Practically this is of little value to you since you are moving out before the expiry of the notice period anyway. It does, I suppose, afford you some security if your alternative accommodation falls through since they could not apply for an order for possession from the Court based on the notice they have served.
For the purpose of the clause relating to viewings the "notice'" you have received may be held to be a valid notice for the purpose of this clause even though it is not a valid notice for the purpose of s21 Housing Act, strange as it sounds.
I'm not sure what kind of proof you would ask for to determine that the viewers are genuine, if you can think of any then it is a reasonable request I would think.
If you do not allow viewings then you are in breach of contract and although it's doubtful that they would seek to claim possession on these grounds or sue you for any loss suffered (because such loss would be difficult to prove) you never know because you have doubtless irked them by quite rightly issuing proceedings against them for the deposit.
I would be strict with them on the hours, times and lengths of visits that I would permit but I would permit them.
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