Forgot to register deposite; now want to evict notice

[londoner007]

Dear folks,

I let my 3-bed house on an AST on 1st June 2012 for a 6-month period. The tenant has been paying rent on time but the house is in a miserable state. Moreover, having visited the property & been appalled by the state I found it, the tenant is now not responding to letters & is avoiding another property inspection.

I have now given up on him as he is extremely discourteous and sooner or later I have a feeling its going to get nasty. I therefore think its prudent to proceed with eviction.

However, I am a first time landlord & I wasn't aware of the rental deposit scheme laws. I know ignorance of the law is not an excuse & so I really dont know how how to proceed from here on.

I would like to issue an eviction notice but having read some of the posts on the forum & having researched the net, it says eviction notice will be null & void in the absence of the deposit not having been registered.

I have refused to issue another 6 month tenancy agreement so I guess we have a periodic monthly roll over contract now? My questions are:

1. is it too late to register the deposit?
2. when should I deposit it & whom with?
3. after depositing it, how long should I wait for before issuing an eviction notice?
4. when I register it 6-month late, will I be subjected to x3 penalty clause if pursued by tenant?
5. if so, is there a way around it? (or should I just return the deposit?)
6. how long is an eviction notice period? so if I were to serve it on 1st February, when would I have to ask them to evic the house by?
7. are there any lawyers out here who can assist me on a paid-basis?

Thanks

[JK0]

Too late now mate. Just return it.

edit: There are some interesting views here that persuaded me to keep on my nuisance tenant:

http://www.landlordzone.co.uk/forums...ht=kick+tenant

[Claymore]

Yes, too late now and you can't issue an S21 until you have returned the deposit. Make sure you get a receipt which is signed and dated to prove you have returned it.

I've used www.tenancyservices.co.uk - they are really good and not expensive. I think they advertise on this site.

[londoner007]

ok I will return it today via BACS online.

Question 2, in light of the information in my post above, when should I service the eviction notice & what date would they have to vacate by? i.e. what is the minimum notice period?

As I havent renewed the tenancy agreement which expired on 31st December, I presume we are now in a periodic monthly tenancy?

Thanks

[MSaxp]

A notice is not an eviction notice. It is a notice that you will be applying to the courts for possession. You cannot 'evict', you can only apply to the courts for that. Which means that they will have to vacate by a date set by the court, if all your paperwork is correct.

The notice you serve (a section 21 notice) will need to give the tenants at least 2 months notice after which you will be applying for possession.

Did the last agreed fixed term expire on the 31st of December and is the rent due monthly? if so, the tenancy is now periodic from the 1st of January and you can serve a notice to expire 'after the 31st of March'. Be 100% sure on the dates, as your application will fail if they are incorrect

[Snorkerz]

Is your tenant behind on their rent at all? If so, you could commence court procedings within a fortnight of giving the correct notice - but you shold take advise over the likelyhood of success.

Unfortunately, the answer to your question 4 is that your tenant could pursue you trough the courts for the civil penalty under section 214 whether you return the deposit or not. As the penalty is variable at the judges discretion it would seem to make sense to return ASAP to show that you are not deliberately abusing the system.

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The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, call 0800 270 7747 for details