Tenant Leaving after I have served S21

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  • Tenant Leaving after I have served S21

    Hello

    I have a tenant who moved into my rental property a 3 years ago - the tenant was a friend of the previous tenant who had been a really good tenant and recommended this person. The tenant was out of work and was entitled to housing benefit.

    A contract was needed to obtain housing benefit, and the tenant didn't have any money for a deposit so I verbally agreed to take a small deposit of £300 at a later date. Although, I stated on the contract the deposit was £300. There was a hic-cup with the moving in date (it was postponed a few days) so I agreed to waive the £300 deposit.

    I've kept the tenant on a rolling contract - basically I never renewed the contract as there have always been problems with rent arrears. Sometimes the tenant has been 3 months in arrears. So obviously I've been reluctant to renew her agreement.

    Arrears are mounting up again and the tenant is slowly trashing the place and through my own carelessness I have no deposit to cover damages etc.

    Can I ask the tenant to vary the initial agreement confirming the £300 deposit was never paid? Or get her to sign a letter saying she never paid the deposit. Will this cover me if I have to take her to court?

    I basically want her to leave in the new year and need to issue her with the S21. When she moved in the landlord deposit scheme wasn't applicable and I don't know where I stand on giving her notice?

    Grateful for some advice please.

  • #2
    Just realised the scheme was in place - I just wasn't aware of it then!

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    • #3
      Does the tenancy agreement say that the tenant has paid you £300 deposit or will do?

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      • #4
        Unfortunately, 'has'. Sorry - I know I have been silly.

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        • #5
          So, if the tenant has a receipt for £300 deposit, you are going to have to work on the basis she has paid £300 deposit. You won't 'lose' the £300 but it is an inconvenience.

          The first thing you need to do is to protect a £300 deposit. You can either send the £300 to www.depositprotection.com or, if you don't have the cash available, you can 'protect' the deposit with mydeposits - but they may refuse it as it has been more than the legal 14 days since it was received. In both cases, resuming the tenant leaves owing rent, you can reclaim the £300 at the end of the tenancy.

          You can not issue a valid s21 until the deposit has been protected and the prescribed information given to the tenant - get proof of the latter.

          Once done, you are in a position to serve an s21 but be aware that the s21 does NOT oblige the tenant to leave at the expiry of the notice - once the notice expires you may then apply to the court for possession.

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          • #6
            OK - thanks, that makes sense.

            Just another quicky. I'm uptodat with landlord gas safety certs. Do I need to have energy performance certificates in place?

            Thank you.

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            • #7
              NO, unless you let the place after April 2008, in which case you had to have one before marketing the property. EPCs are vaild for 10 years so if you had one then, it will still be valid. Either way, it won't affect your s21 claim.

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              • #8
                Thank you. Appreciate your replies/help.

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                • #9
                  If T is likely to owe more than 2 months rent by early Jan 12. consider issuing a s8 on grounds 8,10,11 with payment order.
                  s8 only reqs 14 days before court application, doubt you will get a court date before mid Jan, doesn't require deposit protection to be valid, I believe, BUT will fail if T owes less than 2 months rent on date of hearing.
                  s21 requires 2 months before you can get a court date and you will have to claim seperately for rent owed. With s21, deposit must be protected AND 'required details' provided to T before valid s21 can be issued.
                  Your error with the deposit and nec to give T the deposit account 'reqd info' will mean T will then assume she can claim she paid a deposit.

                  My advice - Serve s8 now, put £300 of your money into DPS and provide T with reqd info, then serve s21.asap You will 'lose' £300, even if deposit is returned to you, as T will offset 'deposit' against any claim for damages/rent owed.

                  Comment


                  • #10
                    Serving S21(4)a Periodic Tenancy

                    Hi

                    I intend to serve notice on my tenanat but want to make sure I'm filling out the form correctly. I've printed out the Notes on Serving a Valid Section 21 Notice.

                    My tenants AST started in 2010 - it was a 6 month contract, but I've just noticed I ticked the box for rent to be paid weekly in advance. I did not give the tenants a new contract as I became uncomfortable with them. As I did not renew contract, has it now become a 'periodic weekly AST?' I believe I should serve the S21 (4)a?

                    On the Notes it say's, 'when weekly rent' a rent book is legally required. I did not do this, but I have provided regular statements. Also, the tenant never ever paid weekly - it has always been very slap dash. At one point he was paying monthly, then he went to weekly, then fortnightly, and then back to monthly etc. Arrears always mounted up but then they would pay them up.

                    If I need to go to court after the correct notice on the S21 is served - will I need a weekly rent book? If so, can I buy when and then log all the payments?

                    Grateful for some advice please.

                    Comment


                    • #11
                      You can send the tenant a rent book now and you have complied with your responsibilities. WHSmith will sell you one for next to nothing.

                      You are correct tat you need a section 21(4)(a) - but you can only serve one providing any deposit paid has been protected - is it?

                      It is a weekly periodic tenancy, if you would like help ensuring the dates are right, please post back here with the commencement date of the last agreement and the end date if specified

                      Comment


                      • #12
                        Thank you. Would be great to have help on the dates too.

                        Yes deposit is lodged with DPS.

                        I've just double checked the dates and they are as follows:

                        6 month term started on 5th May 2009. This is the only document as I did not renew. Contract states rent per week and payable in advance on the Tuesday of each week.

                        Appreciate your help.
                        Last edited by Claymore; 16-12-2011, 21:03 PM. Reason: Typo - wrong scheme

                        Comment


                        • #13
                          Just look at the hundreds of threads, FAQs and use the search facility concerning S.21 and it will take you hours and hours to read - and you will find the answer to all your questions. Start by scrolling to the bottom of this page for 'similar threads'
                          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                          Comment


                          • #14
                            Thanks Paul. I had already worked out my dates but Snorkerz offered to help on dates. I'm inexperienced at this and don't want to get it wrong, would be nice to see if we've got the same dates.

                            Comment


                            • #15
                              Originally posted by Claymore View Post
                              Thank you. Would be great to have help on the dates too.

                              Yes deposit is lodged with DPS.

                              I've just double checked the dates and they are as follows:

                              6 month term started on 5th May 2009. This is the only document as I did not renew. Contract states rent per week and payable in advance on the Tuesday of each week.

                              Appreciate your help.
                              A 6 month term starting 5/5/09 would have ended 4/11/09, meaning the first 'period' of the statutory periodic tenancy ran from Thursday 5/11/09 to Wednesday 12/11/09. Each 'tenancy period' will end on a Wednesday, and therefore your s21(4)(a) must expire on a Wednesday.

                              If you intend to serve by hand before 4:30 on Monday (19 Dec) then the expiry date will be "after Wednesday 22nd February 2012" (because 15 Feb will be less than 2 months). The word "after" is essential.

                              If you serve by mail, normally 2 days would be considered sufficient for service - but in view of the fact that the judge may realise Xmas post is dodgy, I would have an expiry date of "after 29th February 2012".

                              Comment

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