Whilst issuing a sec 21 what do I need to do with the deposit

[Mark1564]

Hi

In order to obtain a successful section 21 the notes on this website state I must fulfill the requirements of the Tenancy deposit scheme. The deposit is in a protected scheme, what do I need to do before going for posession?

The section 21 is served to gain posession on the 31st May. I have a couple who are splitting, one is leaving on the 31st April, natural end of AST, the other is staying and claiming homlessness and awaiting council housing, hence staying after the tenancy agreement. Surely I cant give the deposit back until they are both out? what exactly do I have to do make sure I can get a posession order on the 31st May. The TDS were useless and said I should seek legal advice. My solicitor says I should contact the TDS. any ideas?

[tom999]

In order to obtain a successful section 21 the notes on this website state I must fulfill the requirements of the Tenancy deposit scheme. The deposit is in a protected scheme, what do I need to do before going for posession?

If the deposit is protected, and you have proof of this, e.g. deposit protection cerificate, this should be sufficient. Additonally, for a possession claim, you will need a copy of the AST, a copy of the s.21, proof of service of the s.21, etc.

The section 21 is served to gain posession on the 31st May. I have a couple who are splitting, one is leaving on the 31st April, natural end of AST, the other is staying and claiming homlessness and awaiting council housing, hence staying after the tenancy agreement. Surely I cant give the deposit back until they are both out?

No, wait until both T's have vacated (assuming this is a joint tenancy).

what exactly do I have to do make sure I can get a posession order on the 31st May.

You cannot get a possesion order under s.21 on this date.

If the s.21 expires on 31/03/2010, then after this date (assuming the tenant(s) are still occupying the property), you will need to make a claim for possession (using form N5B or N5).

The TDS were useless and said I should seek legal advice. My solicitor says I should contact the TDS. any ideas?

I think that the general concensus on this forum is not to agree to arbritration. If the tenancy agreement makes provisions for deposit deductions for rent arrears or property damage (and claim is < £5k), then use the small claims track.