Possesion order and deposit mess up

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    Possesion order and deposit mess up

    Hi,

    I have just discovered the letting agent has potentially accidentally not lodged the deposit correctly, I was filling the N5B now that the S21 noticed has expired and kept asking said agent for the TDS information, they have now admitted they made a mistake whereby although they send the money to the DPS they never received a confirmation and are trying to get it sorted but they are hitting a brick wall trying to even get someone senior to entertain there side of the story so im assuming the worst.

    What steps would I now need to follow to get the tenants evicted, ive made it clear to the agent that they should be instructing a good solicitor at there expense whihc I hope they will given there mess should be the least they can offer.

    Thanks

    Mark

    #2
    Return deposit in full to tenants TODAY. Current s21 will always be invalid. Tenants may sue you for up to 3xdeposit.

    Serve fresh s21 tomorrow, start again.

    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Wow thanks for the reply.. if you may expand on that do we return deposit and just proceed with out a deposit in place? the possession N5B form requires this so we need to proceed along a different possesion route now?

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        #4
        Get something in writing from the agent that they are at fault and it's their mistake, that way you can claim anything the tenant tries to get from you.

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          #5
          Originally posted by Hambo View Post
          Wow thanks for the reply.. if you may expand on that do we return deposit and just proceed with out a deposit in place? the possession N5B form requires this so we need to proceed along a different possesion route now?
          N5B asks if the deposit has been returned. Do what you were advised to above, return the deposit and serve a new s21.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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