Section 8 on tenants without deposit

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    Section 8 on tenants without deposit

    Hello all

    Is it difficult to evict a tenant (section 8 rent arrears) if they didn't pay a deposit when they moved in?
    It might be a silly question - I know it's a massive issue not to have protected a deposit when it comes to eviction but I can't find any info about cases where there has been no deposit paid.
    Just want to make sure I know what to expect or if I need to do anything different with the paperwork when it comes to presenting the notice.

    Background is - I took on the tenant through a local authority accommodation scheme whereby the LA provides private landlords with tenants. Given that these tenants aren't generally able to find the deposit needed for private accommodation, the LA provides the landlord with a one-off payment (non-repayable) when the tenant moves in.

    Thanks so much for any help you can offer.

    #2
    It makes no difference to a section 8 notice if no deposit was paid.
    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).

    Comment


      #3
      Originally posted by jpkeates View Post
      It makes no difference to a section 8 notice if no deposit was paid.
      Great thanks

      Comment


        #4
        What matters is not whether they didn't pay a deposit, but whether the tenancy agreement is clear that they didn't pay a deposit. If it says a deposit is payable, a tenant may claim they paid it when they're advised that they can get a Xmas bonus of 3x the deposit by suing the landlord.

        Comment


          #5
          Does the tenancy agreement state there was a deposit? If so it may be deemed to have been paid. Re:read agreement carefully.
          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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