is it too late to secure the deposit? advice

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    is it too late to secure the deposit? advice

    Hi

    I have had my flat let to a deaf and dumb man, i didnt ever want DSS but the agency i used acted as a referee and lied to me that this was a private professional the agency for the second AST are not involved.
    Anyway I asked him to move out at the end of his tenancy contract, he refused and had changed the locks for his own security, i then set up another AST with him which is now periodic as over the year term, I have served the notice 21 which he replied to me, so is proof he has recieved it, i explained that I need the proerty back for personal use yet on the notice date he has not moved out but has paid the rent.

    Long and short of it is I have not secured the deposit, i dont think he knows or whoever is advising him would have come after the 3 x deposit, is it too late to now secure the deposit and then quickly serve the NB5 accelerated possession order, or have i missed the boat with reagrd the deposit...

    how do i get this man out, he is a deaf and dumb polish man, on UK benefits and someone is advising him as is clear from his letters, in the first period of tenancy he changed the locks without telling me and was short of the rent every month which has now been paid. Do i just go ahead with the NB5 order or secure the deposit now and then issue go to the county court... will they still fine me the 3 x deposit.

    Not only do i want my flat back but it is not suitable for him, because i cannot get access the boiler has not been serviced in over a year and the place is not suitable for a deaf and dumb person, no fire detection, flasdhing doorbells etc..
    any help much appreciated

    #2
    Your original S21 is invalid as you need to have protected the deposit and forwarded the prescribed information from the deposit scheme to the tenant BEFORE you issue an S21. Protect the deposit today - you can do this through the Deposit Protection Service website free of charge (they are the only service to accept late payments), and send the prescribed information to the tenant today.

    You then need to issue the S21 again - leave it until next week to allow for the prescribed info to arrive. Tenant may not know that you have failed to protect, but the court will and your application for possession will fail and you will have to bear all the costs for wasting your time and start all over again!

    The S21 does not end the tenancy, so even if your tenant does not know that the original one is invalid, they have done nothing wrong by not moving out. They are at liberty to change the locks and remain in the property, paying all rent due until you apply for a court possession order. After the new S21 has expired (2 months), you then apply to court, possession order will be granted (maybe another 4-6 weeks on top of the 2 months), and you get your tenant out and property back.

    It is not really for you to decide whether the property is suitable for this person to live in. If he has been there well over 12 months, he must be managing OK. You must be very careful not to use his disabilities as any reason or excuse to put pressure on him to leave. You may fall foul of disability discrimination laws, so protect deposit, re-issue your notice and wait until you can apply to court.

    TBH, I find your constant references through your post about his disabilities and nationality is rather offensive. It sounds as if he has been paying rent regularly, and been happy in your property all this time. Taking advice on his situation is his perogative, but failing to protect his deposit and serve him notice correctly are your mistakes, not his!

    Comment


      #3
      Originally posted by getoutofmyflat View Post
      Anyway I asked him to move out at the end of his tenancy contract, he refused and had changed the locks for his own security, i then set up another AST with him
      Must be a "dumb and dumber" re-run...

      Comment


        #4
        @lesley anne

        I am sorry you find those references offensive (PC Gone Mad!), but I add them for good reason.

        1) To highlight the issues with communication, this person is deaf and dumb and English is poor, therefore very hard to gain access to see the state of the property which is my right, difficult to get the boiler serviced as will not give access and how can I arrange a time anyway other than by writing, bear in mind that although I reference the disability I never would have allowed a person with DSS to live in my flat, i was duped by the agency who acted as his Referee and finally, the main reason I reference the flat not being fit for his disabilities is say for example there is a fire and he cannot wake up and the alarm I have in there is obviously not going to be of any use to him, coupled with the fault coming from the Boiler that has not been serviced due to lack of access = Fire and Mansluaghter charge for flat not being fit for purpose etc etc...

        Thats the only reasons Nationality and Disability are at all important, I dont want him coming to harm and 2. I dont want to go to prison, by recording this in the S21 hopefully clears me of any duty, it is i guess the housing associations problem.

        2) you mention its ok for T to change the locks, I thought for any major changes to the property you must seek the LL permission first? changing Locks to someone elses property without prior permission is surely not allowed?

        who would be an LL... never again!!!

        Thanks for your advice...another two months + it is then.. which is ok actually because I now dont need the property until May... and he (rather the tax payer) are still paying his rent to me...

        Comment


          #5
          There is no automatic right of access for the LL to a tenanted property. You should always arrange the inspections/service visits in writing anyway - were you just proposing to turn up with the boiler service engineer and knock on the door?

          If you want to arrange the service visit (which I agree you should), then write to the tenant, advising your need to gain access and ask them to confirm their acceptance of the visit. If they fail to answer, you have proof that you have tried to comply with the regulations.

          Changing the locks is a legally accepted action by a tenant. Whilst they are renting, it is their home and in fact no longer theoretically your property and if they feel more secure, then they can do so. There are many posts here discussing this topic and many members (myself included) recommend this to tenants if they feel their LL might just walk in unannounced. Infact, your tenant's disabilities may make him feel even more inclined to protect himself this way.

          I understand your grievances over the situation, but you still seem set on the track that this man's disabilities are a problem to you. As for the taxpayers covering his rent etc, that is not his fault either - blame our stupid govenment for allowing it!

          PC gone mad? No, disability discrimination laws are there to protect the vulnerable in our society, and I am afraid your attitude towards this tenant comes across as very biased against him purely because he is deaf and dumb.

          Frankly, if you speak to your tenant the way you have come across to people here, no wonder the poor b****r has changed the locks for his own security! Its people like JJLandlord who you are slating above that give their years of landlording experience to ungrafeful people like you free of charge! I agree with his comment - you wanted tenant out then, you could have got rid then - instead you signed up for another 12 months ...?

          Good luck with your S21!

          Comment


            #6
            Originally posted by getoutofmyflat View Post
            Hi

            I have had my flat let to a deaf and dumb man, i didnt ever want DSS but the agency i used acted as a referee and lied to me that this was a private professional the agency for the second AST are not involved.
            Anyway I asked him to move out at the end of his tenancy contract, he refused and had changed the locks for his own security, i then set up another AST with him which is now periodic as over the year term, I have served the notice 21 which he replied to me, so is proof he has recieved it, i explained that I need the proerty back for personal use yet on the notice date he has not moved out but has paid the rent.

            Long and short of it is I have not secured the deposit, i dont think he knows or whoever is advising him would have come after the 3 x deposit, is it too late to now secure the deposit and then quickly serve the NB5 accelerated possession order, or have i missed the boat with reagrd the deposit...

            how do i get this man out, he is a deaf and dumb polish man, on UK benefits and someone is advising him as is clear from his letters, in the first period of tenancy he changed the locks without telling me and was short of the rent every month which has now been paid. Do i just go ahead with the NB5 order or secure the deposit now and then issue go to the county court... will they still fine me the 3 x deposit.

            Not only do i want my flat back but it is not suitable for him, because i cannot get access the boiler has not been serviced in over a year and the place is not suitable for a deaf and dumb person, no fire detection, flasdhing doorbells etc..
            any help much appreciated
            So he didn't leave when you asked him to,so you change the locks for his own security..


            So next time he dosnt leave,are you going to change the locks again !
            !
            Fed up with nitpickers and rivet counters...

            Comment


              #7
              Originally posted by getoutofmyflat
              Posting on this website 1795 times..jjMug. get a life.com WHAT A lOSER....I guess this is your hobby, CV... internet warrior, facebook friends 5000.. real friend er... none (hehehe)
              That's what I thought. I'll rest my case.

              Comment

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