Serving s.21 Notice but deposit unprotected

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  • Serving s.21 Notice but deposit unprotected

    I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed?

  • #2
    Originally posted by dontbnosey
    I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed?
    Protect it immediately (I recommend the DPS - it's free and quick to do online) before attempting to serve a s21, otherwise the s21 will not be valid.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      You should do as mind-the-gap says, but also know that if the tenants owe 2 months worth, you can use the section 8 process, which is likely to be quicker and cheaper - and doesn't require deposit protection.

      You should still protect the deposit, and serve a valid s21 notice as a back-up because s8 isn't 100% reliable.

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      • #4
        Originally posted by dontbnosey
        I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed?
        Alternative to posts #2/3: just refund whole deposit to T, then zap with s.21 Notice.
        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).

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        • #5
          Thanks to both for your replies!
          Yes I will be registering the deposit with the DPS today (lesson learned!).
          I have issued a section 8 notice last week but it was just a template section 8 letter that I sent them which I found on the internet as apposed to a solicitor issuing it so Imp not sure if this will stand up?
          The T has seeked advise from the legal services commission at the citizens advice bureau where they have an appointment next week and they are not prepared to discuss the matter further until after this meeting and are denying me access to the property.

          They are also over 8 weeks in arrears and claiming Housing Benefit so I am currently applying for the payments to come directly to me.

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          • #6
            A s.8 Notice is unaffected by non-protection of a protectable deposit and can still be valid.
            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).

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            • #7
              Even if issued yourself ie not from a qualified solicitor?

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              • #8
                You do not need a solicitor to issue a S8 notice, or any other landlord related notice for that matter.

                You can even do the possession summons online - https://www.possessionclaim.gov.uk/pcol/ and its £50 cheaper than if you submit on paper

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                • #9
                  Originally posted by dontbnosey View Post
                  I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed?
                  Hi did you get it sorted?

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                  • #10
                    Thanks for following up!
                    No not yet. The T's have their meeting with the citizens advise bureau today. Not sure what the CAB will advise them on - probably just make them aware of their rights I suppose! The section 8 that I served gave an eviction date of 26th March but somehow I don't think they will be leaving quite as easily as I thought! I will attempt to call them tonight to try and gauge their next steps.......

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                    • #11
                      Has anyone got any advice on issuing a court order for eviction of tenants? My tenants (who are 3 months in arrears) are seeking legal advice about me trying to evict them. It appears they are not going to be leaving after my section 8 notice so I have no option but to serve a court order to re-gain possession.
                      Can I do this without a legal representative as I don't want to incur any further costs and how do I go about it? Any ideas what documentation I need to gather or what forms to fill in?
                      Any help appreciated!

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                      • #12
                        Originally posted by dontbnosey View Post
                        Has anyone got any advice on issuing a court order for eviction of tenants? My tenants (who are 3 months in arrears) are seeking legal advice about me trying to evict them. It appears they are not going to be leaving after my section 8 notice so I have no option but to serve a court order to re-gain possession.
                        Can I do this without a legal representative as I don't want to incur any further costs and how do I go about it? Any ideas what documentation I need to gather or what forms to fill in?
                        Any help appreciated!
                        heres some info

                        http://www.landlordzone.co.uk/rent_a..._evictions.htm

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