Advise needed

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    Advise needed

    Hi could anyone be able to give some advise please.

    so I moved from the UK to gozo to work and live. I rented my house to my cousin and her chap and kids.
    I did a STA 12month agreement on 30.10.2017.

    Took a bond of 2 months rent. Etc she pays 550 on the 30th of each month, pays on time or within a day.

    when I have been back 6 months or so to see family and check the house. First 6 months the house was a bit messy and cluttered.
    on 12 months it was twice as bad, told her to clean it and look after it etc. Didnt renew contract as I wanted to see if she had done anything I asked her to do. I then went back a couple of months back...... cupboard doors hanging off, kids have drawn over walls, wallpaper ripped off, ceiling light hanging down, mold everywhere on walls where clothes and stuff are piled up. Bathroom looks like something out of a horror film garden hasn't been touched since they have been there, weeds are over 3 foot tall. Rubbish in the garden.

    so I told her I wanted her out. Went online downloaded a notice 21 form. Sent it to her. Then she said that she would go to council to get a house. Then she messaged me saying is her deposit in a DPS Scheme as she had been online and couldn't find it as the council had told her that I have to put it one so could I send her the code so she could register.

    so I googled it and **** myself after reading it. So I immediately put it into one. To cut a long story short basically it's a joint tenancy agreement so hers and chaps name. I shiting myself after reading the DPS scheme 30 days info. Deposited it into the scheme but I only filled one tenants details in. I didn't have an email address either so when I left the DPS site thinking I had done it all and they would get a code to register through the post.

    In the mean time got the EPC cert done did the right to rent thing done.

    Then I got a message off her saying they had recieved the Info through the post for the dps scheme but no code to register. So I went back online to send them it. Read the small print etc realised I need to give an email address went to edit the details but it wouldn't save them. Ended up phoning them and they said I couldnt but they could from their end but they need a copy of the tenancy agreement with both signatures on.

    so here's the kicker...... couldn't find it. Had the original un signed on the pc. So I messaged her and told her that I need A photo of the signatures on her copy so I can send the link. She said ok not a problem etc... That was over a week ago and still she sent nothing.

    So I forwarded the same STA to my brother back in the UK and he's arranged to go tomorrow to get them to sign it even thought it's expired.

    Now I saw a post on fb from her about how stressful having to pack up and move is. Then I read the comments..... people saying that she doesn't have to move out and that I have to take her to court etc

    one person said that in order for her to get a council house she has to have an eviction notice from the courts. Then she replied yes that's what the council said. And she is said is waiting for her refrence number from the council!.

    So then I started to do some online reading. So from what I can gather because I put the deposit late into the DPS scheme I can't give her the notice 21 notice which I already have. She refuses to leave so I have to take her to court. I then have to pay her 3times the bond in a fine and the judge will overturn the notice 21 as I didnt put it in the DPS scheme on time.



    Sorry for the long post but better tell you the full story rather than people asking questions....

    family eh! Think your doing them a favour and they take you from bebind


      Also forgot to say I am wanting to sell the house as I have not intention of moving back to the UK. I asked her if she wanted to buy it. But they couldn't get a mortgage due to only one of them working and they didn't have any money for a deposit


        ok - I do hope that someone can help you with this as although it can works out ok renting to family apart from phone calls in the middle of the night when something is broken/urgent and if they are ok look after the place and do most of the repairs themselves

        now for the bad news - what you say is mostly correct as you didnt protect the deposit within the certain timescale, give the prescribed information, did you arrange a gas safety inspection ? you have breached a few breaches there, the judge will almost certainly not be able to issue the section 21,

        the good news, this is a family member , who has been paying rent on time and as one of them is working could they get a mortgage if the family were to help with a deposit,?? rather than go to the expense of taking them to court and have a family meltdown ?

        Are the reasons why the place was such a mess when you went round -(not easy with young kids ) had someone been ill ? or did you just call at a bad moment ect ?/


          You can return full T Deposit.before serving a s21 but it may not reduce the 1-3x
          Penalty for Deposit non protection.


            Unfortunately I issued the notice 21already. The gas safety certificate? I get the fire and boiler service every year? Even when I lived there.

            And my house is a mess and wrecked because they are lazy dirty people. My neighbours messaged me and told me they never open the windows or curtains hence why their is mold all round the windows behind curtain etc they throw rubbish straight into the garden.

            they couldn't get anyone to help with the deposit they said.


              That s21 notice isn't valid.

              Return the deposit to the tenant.
              Make sure that you have complied with all the other requirements for a s21 notice.
              Serve a new section 21 notice to the tenant.
              Go to to court and (if everything was done properly), you'll win and evict.

              Alternatively, use an eviction service to do it for you (you don't know what you're doing and learning is expensive in time and money).

              I don't know where the property is but the tenant's chance of a council house is close to zero and their chances of renting from another landlord after an eviction are close to zero as well.
              The tenant will owe you the court fees when you win (which the council tend not to mention).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


                What do you mean by "The gas safety certificate?"? If you mean you have no evidence that it was given to the tenants before they moved in then forget s21. It will never be valid.


                  I would do what a post said above..... hand this over to a professional eviction service and start again with the deposit and gas safety cert and anything else you may not have done, if not you will be wasting valuable time and money if you keep issuing S21's which have no hope of being valid.


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                      That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
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                      by hamilton
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                      03-04-2020, 17:24 PM
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                      by hoolaholla
                      I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
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                      03-04-2020, 17:23 PM
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