Not received full deposit & need tenant out - need help please!

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    Not received full deposit & need tenant out - need help please!

    Hi Everyone

    I have a tenant whose tenancy ends on 9 may. I never protected the deposit because I am £200 short of the full amount - though I guess it could be argued she has paid the deposit but is £200 short in rent. I had given her 2 months notice to leave and she was fine with that - we get on OK, even though I don't believe she looks after the house that well. The rent BTW is paid now directly by the Council due to previous arrears.

    She now needs to get re-housed through the Council. When she went to enquire about this, they have come back and said because I never issued a s21, the notice to leave is illegal(?), and that she has another 2 months following me issuing her a s21 before they need to find her a house.

    Can anyone advise what I am now best doing?

    Many thanks in advance.

    Neesa

    #2
    The council are right - Unless you follow the correct procedure, you could be illegally evicting your tenant - potential fine of £5k or 6 months prison - more if the magistrates send it to the Crown Court.

    There are only 2 ways to evict an AST tenant, and both require a court order.

    Section 8 is the 'at fault' reason, but you haven't mentioned anything that would be covered by this, so you probably need to rely on section 21.

    However, you can not even commence the s21 process until ANY deposit is protected. You can do this free at www.depositprotection.com. You also need to issue the tenant with the "prescribed Information".

    If you can do all this by 9th May, you then need to serve a s21(1)(b) notice on your tenant. This would have an expiry date of 2 months hence - "after 9th July". If you do not get it served until after that you need a s21(4)(a) which would have an expiry of "after 9th August 2010".

    Once the expiry date has passed, and if your tenant hasn't left, you need to apply to the court for possession. This will take around 6 weeks, cost £150 and, providing the paperwork is in order, is compulsory. Judge will give tenant a minimum of 14 days to go. If she still doesn't go, you will need to employ court bailiffs to eject her - around a fortnight longer and around £100 more.

    Comment


      #3
      Many thanks Snorkerz for your kind reply, and for the info.

      With the DPS when it asks about the 14 days, what do I need to put?

      Comment


        #4
        Originally posted by nessa View Post
        Many thanks Snorkerz for your kind reply, and for the info.

        With the DPS when it asks about the 14 days, what do I need to put?
        Sorry, I haven't done DPS for a while - remind me of the exact question.

        Comment


          #5
          Sorry Snorkerz I think I am getting confused with mydeposits - I think mydeposits asks whether or not the deposit has been lodged within 14 days.

          Will the DPS accept that the tenant still owes me £200, when it comes to returning the deposit - I have heard the DPS can be 'awkward' about this?

          Comment


            #6
            Originally posted by nessa View Post
            Sorry Snorkerz I think I am getting confused with mydeposits - I think mydeposits asks whether or not the deposit has been lodged within 14 days.

            Will the DPS accept that the tenant still owes me £200, when it comes to returning the deposit - I have heard the DPS can be 'awkward' about this?
            If the tenant was due to pay £1000 and has only paid £800, you protect £800.

            If the tenant did pay £1000 deposit, but is £200 behind on the rent, then you would protect £1k and claim £200 from the deposit at the end - rent arrears are usually easy to prove.

            DO NOT USE MYDEPOSITS. As we write there is a high court case going on which may render deposits posted late with MyDeposits liable for the 3x penalty. A similar case may be happening with regard to DPS but for now, DPS is the more safe option.

            Comment


              #7
              Many thanks for all your help Snorkerz - I will do as you advise.

              Comment

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