Tenants refuse to move out; deposit not protected

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenants refuse to move out; deposit not protected

    I could do with some advice:

    A family moved into my property 10th April 2007. After a few months they were late with payments a few times nothing major but inconvenient, then they bounced a cheque on me in February, I had already decided at this point that the house was becoming a financial burden and that I would sell the property. I get them a section 21 on the 10th March (rent day) ending on the 9th May. They are still 1 month in arrears now, paying late every month.

    I have sent them over 20 properties to try and help them in their search for a new home. However I have become aware that they have no intention of moving out, I think that they are going to try and get a council house by means of making me evict them. A agent called me and said that she would not show them any properties due to their aggressive nature she could see they were going to be trouble.

    I have got the relevant forms for applying for an accelerated court eviction, I have read them in full and it states that I have to provide evidence of the deposit scheme that the tenants deposit is held in. I have not put the deposit in a scheme, if I do this now will I be ok to still apply take them to court on the 10th May if they haven't moved? Will or can I get into serious trouble for doing this so late? Will this jeopardize me ever getting them out of the property?

    Can anyone advise me as I'm terribly worried.

  • #2
    Originally posted by weezie View Post
    I could do with some advice:

    A family moved into my property 10th April 2007. After a few months they were late with payments a few times nothing major but inconvenient, then they bounced a cheque on me in February, I had already decided at this point that the house was becoming a financial burden and that I would sell the property. I get them a section 21 on the 10th March (rent day) ending on the 9th May. They are still 1 month in arrears now, paying late every month.

    I have sent them over 20 properties to try and help them in their search for a new home. However I have become aware that they have no intention of moving out, I think that they are going to try and get a council house by means of making me evict them. A agent called me and said that she would not show them any properties due to their aggressive nature she could see they were going to be trouble.

    I have got the relevant forms for applying for an accelerated court eviction, I have read them in full and it states that I have to provide evidence of the deposit scheme that the tenants deposit is held in. I have not put the deposit in a scheme, if I do this now will I be ok to still apply take them to court on the 10th May if they haven't moved? Will or can I get into serious trouble for doing this so late? Will this jeopardize me ever getting them out of the property?

    Can anyone advise me as I'm terribly worried.
    One of the penalties for not protecting the deposit and provideing the prescibed information within 14 days of the recipt of the deposit is that you cannot use section 21. Even if you protected the depsoit now you would still be in breach of the regs as the prescribed information should have been given to them no later than the 24th/25th April 2007.

    You have no right (legal anyway) to hold the deposit and are also in danger of the tenants taking you to court for the return of the full deposit plus x3 the deposit amount as compensation for non-complaince. Tread carefully you are on very very thin ice.

    I believe you can still use the standard (section 8 is it?) eviction process. Someone will be along soon to advise you further on this process.

    Comment


    • #3
      You can protect the deposit now and then notify the tenants. Only then can you issue a section 21 that will be valid. It doesn't work in retrospect so your sec 21 that you issued before protecting and notifying will always be invalid. Ignorance is no defence. You're a bit unlucky as it only came into force 4 days before you tenants moved in. Sadly unlucky doesn't mean much.

      You could use a notice on grounds 10 and 11 but they are only discretionary grounds for possession and therefore you are by no means guarenteed to get possession.

      Unfortunately you're stuck between a rock and a hard place.

      Oh yes and if they find out you could be done for 3X the deposit.

      sorry for the bad news!

      They might be on Local Housing Allowance and this might explain the late payment. If however they are more than that in arrears and should the Local Authority they approach to make a 'homeless application' contact you regarding why you issued a notice they might not actually get a 'Council House'.
      ****************************************

      If you are unsure about what to do seek professional Legal advice.

      Comment


      • #4
        Once T is one month + one day late in paying, there will be "two months' rent unpaid" so L can use [mandatory] ground 8.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          True, it wasn't that clear from the original post what the unpaid rent was.

          Comment


          • #6
            Is there any way around this.....

            Is there anyway around this? If I offered (in writing) to use the deposit as rent or offer to give them their deposit back in full now before they have moved out and they agreed to this (in writing) would I then be exempt from x3 deposit? and still be able to take them through accelerated court procedure?

            Comment


            • #7
              I doubt it, I think you're up a gumtree here, but you could always follow Jeffrey's advice.
              Once T is one month + one day late in paying, there will be "two months' rent unpaid" so L can use [mandatory] ground 8.

              Good luck.

              Comment

              Latest Activity

              Collapse

              Working...
              X