Need to evict but never registered deposit!

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    #1

    Need to evict but never registered deposit!

    One of my business partners has multiple bedsits and two of the tenants have not been paying their rent and now he wants to evict them.

    Slight problem! He never registered the deposits and does not know if he can evict them under the normal notices either section 8 or 21.

    He uses agents for all other props and they are registered but like a numpty he forgot to register all the ones what he self manages.

    Does anyone know his options...

    Tenant 1 moved in 11/02/10 on 6 month AST
    Tenant 2 movied in moved in 01/05/10 on 6 month AST

    Can he register the deposits now?

    I would appreciate your input.

    Thankyou.
    Tags: None
    #2
    Originally posted by xdellax View Post

    Can he register the deposits now?

    I would appreciate your input.

    Thankyou.
    He can register the deposits with DPS. He also has to send each tenant a copy of the prescribed information. Any S21 issued before that is done would be invalid.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment

      #3
      Thanks for you quick reply jta! I appreciate it!

      So if he registers the deposits tomorrow and gives a copy of the prescribed info immediately, can he then issue a section 21 / 8 notice the next day (obviously taking into account section 21 expiry rules)?

      Also if he ends up taking to court for possession proceedings will he not get in trouble for not registering the deposit when he should have done or be told as he has not followed the rules in the first place he cannot evict them?

      Comment

        #4
        As long as he follows the rules, albeit late, he should be OK.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment

          #5
          Originally posted by xdellax View Post
          Thanks for you quick reply jta! I appreciate it!

          So if he registers the deposits tomorrow and gives a copy of the prescribed info immediately, can he then issue a section 21 / 8 notice the next day (obviously taking into account section 21 expiry rules)?

          Also if he ends up taking to court for possession proceedings will he not get in trouble for not registering the deposit when he should have done or be told as he has not followed the rules in the first place he cannot evict them?
          For an accelerated s21 there isn't usually a court hearing - he will just submit evidence with the N5B form that the deposit was protected before the s21 was served.

          Comment

            #6
            Originally posted by xdellax View Post
            So if he registers the deposits tomorrow and gives a copy of the prescribed info immediately, can he then issue a section 21 / 8 notice the next day?
            In fact, L can use s.8 even if a protectable deposit is not protected; only s.21 (AST) is barred.
            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.
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            Comment

              #7
              Thank you everyone for your help. Friend has now registed deposits and going down S21 route for tenant 1 and s8 for tenant 2. Thanks!!!

              Comment

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