What happens if an evicted client leaves a house full of stuff?

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    #16
    It needs to say "after 10th <month>".

    e.g. Date of Expiry: after 10th April 2014 is what you'd need if you serve notice any time before 4.30pm on the 10th February.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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      #17
      Thanks, Monkeysee.

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        #18
        What to after Section 21 expires?

        I have just served a Section 21 Notice on my tenant who has a periodic tenancy. The deposit and prescribed info were all attended to appropriately three years ago at the start of the tenancy. The house was my home until I started renting it out six years ago and now, due to changes in my personal circumstances, I urgently need to move back into it, hence my serving the Section 21. I'd appreciate advice on what my next step should be if, after the expiry of the Section 21 Notice, the tenant refuses to move out. I don't want to tempt fate, but do see that as a possibility.

        Many thanks.

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          #19
          Due to a recent ruling I think the deposit and prescribed information must be re-protected and re-served when the tenancy became periodic(assuming it started with a fixed term).
          If its vital you get the property back then consider returning the deposit in full and reserve the section 21.
          Any advice I give is my opinion and experience, I am as you also learning.

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            #20
            To clarify what Sunnyp says, you might have needed to re-protect the deposit sometime last year following a court ruling which saw the periodic tenancy as a separate one to the original fixed term, and therefore needing new protection. As such it's possible your s21 might fail if the court considers your protection is invalid. But I don't think this has been tested many times, so you might be OK. I have a feeling the tenancy deposit schemes were merely advising that deposits were re-protected.

            Does anyone know of actual instances where s21s have been rejected following failure to re-protect a deposit after a Fixed Term?

            In your situation I suggest 1) speak to your tenants to see how they are feeling about your request for possession. It's possible that (like the majority of people served a s21) are OK with it and may simply move out. But 2) if you get the feeling they are unhappy and likely to dig their heels in, speak to your tenancy deposit scheme for advice on what to do. They may advise returning the deposit and reissuing the s21 as suggested.
            IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

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              #21
              "Does anyone know of actual instances where s21s have been rejected following failure to re-protect a deposit after a Fixed Term?"

              Yes, the Superstrike ruling, though that was an absolute failure to protect the deposit, as opposed to a failure to 're-protect' it, which may or may not be needed depending on scheme rules. The Superstrike tenancy began pre April 2007 and went periodic Jan 2008. The Court of Appeal held the notice invalid as the deposit wasn't protected in Jan 2008, it didn't need to be in Jan 2007 as that was before the regulations came into force.

              Nevertheless, the wording of the judgement is clear, the LL's obligations under S213 apply when the tenancy is replaced, therefore it follows that S215 applies too and that was the decision in the Superstrike case.

              If the deposit was originally protected, and has remained so, then there is no need to return it, simply serving the PI remedies the situation and the LL can issue a valid S21.

              An undefended application for possession might perhaps get through if the judge is in a rush or not particularly familiar with Superstrike, but if the tenant defends it will almost certainly fail if S213 hasn't been complied with.

              This is paragraph 46 of the decision verbatim:

              "As it is, therefore, I would hold that the landlord did receive a deposit from the tenant of £606.66 on 8 January 2008, and it therefore came under the obligations set out in section 213 as it then stood. Not having complied with those obligations, it was not entitled to serve a notice under section 21 in June 2011. It was therefore not entitled to obtain possession of the premises. I would allow the tenant's appeal on that basis."

              http://www.bailii.org/ew/cases/EWCA/Civ/2013/669.html

              As you can see, there is little room for doubt, where S213 has not been complied with the S21 cannot be validly served. In OP's case it will hopefully be only 213(6) [the PI] which is in question as opposed to the protection itself, that being the case all they need do is serve the PI. If the deposit has been unprotected at any point (outside the 30 day window) then it will need to be returned.
              I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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                #22
                Thanks to all who replied to my post.
                Just to clarify matters, the tenancy went periodic in February 2011 when the property was managed by a lettings company. I took over the management in May of that year and on receiving the deposit from the lettings agency, lodged it with the Deposit Protection Scheme and served the PI. It all happened within the 30 day window. So, do I now need to serve the PI again, or must I return the deposit and serve the PI?

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                  #23
                  We need to know if the Letting Agent properly protected the deposit when they received it.

                  If they did, and it has remained protected the entire time there is no need to return the deposit. If it has been unprotected at any point (outside the 30 day window either when the tenant initially paid or when the tenancy has been renewed or replaced) then it will need to be returned before you can serve valid notice.

                  When the agent holds a deposit on your behalf as LL, it still needs to be protected, it sounds like it may not have been given you had to protect it when you took over management??

                  The PI is a non-issue regardless, it's been served before the Sec 21 was issued and after the tenancy went periodic based on what you said above. That being the case S213(6a) has been complied with, albeit potentially late, so Sec 21 was valid on basis of PI. The question is whether the deposit has always been protected inc before you took over management from the agent, if it has you're fine, if it hasn't you're not.

                  As to your original question of what to do if the tenant doesn't move out when 21 expires. The answer is ask the court for a possession order using form N5B, apply to the county court dealing with the location of the property. Only do that if your S21 is valid though (i.e. agent protected deposit), if not it's a waste of £175.
                  I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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                    #24
                    Hi monkeysee, yes, the deposit was protected by the Letting Agent, then by me, so it has been protected throughout the tenancy. Phew!

                    Many thanks for your time and excellent advice - much appreciated.

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                      #25
                      What happens if an evicted client leaves a house full of stuff?

                      Hi, I have recently served a Section 21 Notice that is correctly dated, worded and Super Strike compliant, thanks to excellent advice I've received on this forum. Yesterday, however, the tenant informed me that he has no intention of vacating the property until I (his phrase) kick him out, so, with great regret, it's looking as though I'll have to go down the full route to eviction. The property was my home for many years and last autumn I decided that, due to my own changing circumstances, I need to move back into it this summer, hence my serving the Section 21 now. To complicate matters, however, since January the tenant has accumulated £2,000 in rent arrears and told me yesterday that he has no money at all and is very unlikely to be able to pay any rent during the coming months. He will also not have a deposit for another property, so it looks as though I am going to have to evict him and he will have to seek emergency accommodation from the local council. Because the property used to be my home and I need to return to live in it, I am intending to use that as grounds for possession. I don't see any point in using the court to try to get any of the rent the tenant owes me, nor to use his arrears as a ground for possession because (a) he really does not seem to have any money, so it would be pointless, and (b) from what I understand, if he were to pay just a portion of what he owes, the court could decide to let him stay. I'm finding this whole scenario a nightmare, but I know that if necessary, I will have to see it through in order to get my house back. Anyway, my question is, if he is evicted and re-housed by the council, what's the procedure for dealing with a house ful of furniture and possessions he might leave because he can't take them with him? Any advice you can give will be very gratefully received.

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                        #26
                        Originally posted by alovelyhouse View Post
                        I don't see any point in using the court to try to get any of the rent the tenant owes me, nor to use his arrears as a ground for possession because (a) he really does not seem to have any money, so it would be pointless...
                        May I respectfully suggest it is your duty to society - and to other Landlords - to pursue a non-paying Tenant to the point of a CCJ to prevent the same happening again?

                        Did you have anything in your AST regarding this? I have something like this in my AST, in the Ending Tenancy section, though I intend to re-check it re. OFT356 at some point this year - "To removal all Contents belonging to the Tenant(s). If any Contents belonging to the Tenant(s) remain in the Property at the termination of the tenancy the Landlord will remove and store such items for 28 Days. The Landlord will notify the Tenant(s) at the forwarding address provided. If the Contents are not collected within 28 Days the Landlord may dispose of them in such manner as is reasonable. The reasonable costs incurred by the Landlord in removing, storing and disposing of Contents will be recoverable from the Tenant(s) as a debt."

                        BTW - I've not had to deal with this situation yet... I'm really just asking whether you have something like that in your AST and may have forget to check it?

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                          #27
                          Five related threads have been merged.
                          I also post as Mars_Mug when not moderating

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                            #28
                            Thanks, Hippogriff, I take your point about my wider responsibilities re: pursuing the tenant in relation to the rent and it is something I will seriously consider again.

                            Unfortunately, my tenancy agreement does not contain anything specific about removing contents and the consequences of a tenant failing to do so. The closest any of my clauses gets is "To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy." So that does not deal with the issue at all. The tenancy agreement was provided by a Lettings Agency that managed the property for a while and I'm now realising how wishy-washy parts of it are.

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