deposit scheme

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    deposit scheme

    Can Anyone Please Help Me on this . I took on a tenant 6 months ago on a 6 month tenancy agreement . I did not put deposit in a protection scheme. the tenant gave up work after 3 months and applied for housing benefit. I have now been waiting 3 months. I have now found out I cannot use a section 21 because of deposit. she now owes me £2555 and the tenancy has ran out what can I do

    #2
    Give her the deposit back then reissue a s21 and go through that whole process. Or if shes 2 or more months behind then issue a s8 notice. Im not sure which would be better, it depends on a lot of factors. s8 can be defended by disrepair and by paying up I believe, but it is a quicker form of eviction than s21 I think.

    Be aware that although she has rent arrears she has a claim against you for 1-3x the deposit amount for failing to protect the deposit.

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      #3
      thanks but can I maybe give her a new tenancy agreement the put deposit in scheme to start again and then issue a s21

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        #4
        No, she would still have a claim for non-protection for first AST deposit, for 6yrs after 1st deposit protection deadline.
        If T has an AST/SPT, she cannot be forced to sign a new AST.

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          #5
          Originally posted by graham s View Post
          thanks but can I maybe give her a new tenancy agreement the put deposit in scheme to start again and then issue a s21
          Yes, you can do that (if she agrees, obviously) in order to be able to serve a valid s.21 notice.
          However, as mariner says, there's nothing you can do tenancy-wise about your existing liability for non-protection.

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            #6
            Ask her if she will agree to use her deposit for some of the rent outstanding.

            Why isn't she getting housing benefit?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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              #7
              hi thanks. my t has applied for housing benefit from 12th of feb but she waiting on income support prof which she is saying they did the wrong forms and applied for jsa but she has two childern and is pregnant but there always seems to be something going wrong or that's what she is telling me. ist she filled in the wrong housing ben forms and now she says income support taking time. I just think something is not right and I need to get her out but I didn't but deposit in scheme

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