Unprotected Deposit - Issuing a new tenancy

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    Unprotected Deposit - Issuing a new tenancy

    I am in a situation where due to a complete oversight I forgot to protect the deposit of a tenancy which startes 4 years ago and has since been running as an assurred periodic tenancy.

    I manage to collect the rent most months, it doesnt come without a valiant effort. The tenants are roma gypsies from slovakia, and feature on TV quite frequently. They speak no English and I doubt the have any knowledge of the DPS rules.

    I would like to serve a section 21 notice on them however I do not want to chance it in case the deposit not being protected causes any problems for me. Nor do I want to return the deposit to them just to serve the notice as I imagine this will result in an immediate cessation of rent payments.

    If I issue my tenant with a new 6 months AST, and protect the deposit at the same time, will I be able to serve a valid section 21 notice at the end of the new fixed term without having to return their deposit?

    Thanks in advance

    #2
    And what made you select these fine people as your tenants???

    In your shoes I'd return deposit then issue S21. Tenants do not have to agree to a new tenancy & may refuse to agree to one...

    £5 to an agreed housing charity says they are or will become aware of DPS rules & will come after you for the up-2-3-times-deposit compo...

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Ts already have a valid Tenancy (now SPT) and you can't force them to sign a new AST.
      Even if they dis, they can still claim for orig deposit non-protection up to 6yrs from date deposit should have been protected.
      You can either -
      1 return the deposit / get written agreement from Ts that deposit has been returned and used for rent arrears. Then serve s21.
      2 s8 g8,10,11 is only other legal option to gain repo

      Minority groups often have access to legal advice (Gypsy Council of UK, springs to mind)

      Comment


        #4
        Originally posted by mariner View Post
        T....

        Minority groups often have access to legal advice (Gypsy Council of UK, springs to mind)
        Indeed: Another minority group with access to legal advice being landlords (NLA, RLA etc....)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          The tenant has actually asked for a new AST, so that wouldn't be an issue. They are unable to understand the concept of a periodic tenancy and keep asking for a new agreement. I am quite happy to put up with them for 6 more months if it means I can protect the deposit and serve a valid s21 notice in the future without having to return it first.

          Comment


            #6
            were Slovakians allowed in 4 years ago?
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              You cannnot prevent them suing you for up to 3x deposit.. - regardless of signing a new tenancy & protecting the depsoit ... Possibly for more than one tenancy (periodic....).

              AIUI Slovak passport holders have been free to move to & work in UK since 2004...
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Lots of people were allowed in 4 years ago - even Slovakians.
                Despite the fuss made by UKIP, the tories and other morons, the only recent changes are to allow more people to automatically enter.
                Immigration hasn't increased that much at all as a result.

                To be fair, the Roma were always an odd case, a bit like the Kurds.
                No one seems to want them anywhere in the world.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by mohsindoc View Post
                  If I issue my tenant with a new 6 months AST, and protect the deposit at the same time, will I be able to serve a valid section 21 notice at the end of the new fixed term without having to return their deposit?
                  Provided that they agree to this new tenancy, yes.

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    Lots of people were allowed in 4 years ago - even Slovakians.
                    Despite the fuss made by UKIP, the tories and other morons, the only recent changes are to allow more people to automatically enter.
                    Immigration hasn't increased that much at all as a result.

                    To be fair, the Roma were always an odd case, a bit like the Kurds.
                    No one seems to want them anywhere in the world.
                    Interesting - mind you I can't see why anyone would want them if they come to live on benefits and not work!
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                      #11
                      Interesting comparison of 2 Roma families, recently entered UK legally, on TV earlier tonight (Britain on Benefits series)
                      One was prepared to work, but would accept benefit, other aimed to claim £40K in 2yrs so he could rebuild his house in Romania. Wasn't averse to to bit of thieving & burglary either, whilst claiming UK benefit for a son left in Romania. Mother soon eligible for carers allowance
                      26 Roma living in 3 bed property, arranged by clan organiser.
                      Must admit Benefits system is getting to be an expensive joke, though I agree people should claim due entitlement.

                      Comment


                        #12
                        I agree totally - didn't see the programme but am sure there are some coming just for benefits with no intention of working. Hard working families who are here legally and are entitled to benefits fine - but you should have to pay in before you can take out, in my humble opinion
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          Why have the 'not-racists' brought immigration into consideration again?

                          Comment


                            #14
                            because for normal people in a environment of intelligent adults it is something you can mention without worrying that they will misconstrue any mention of immigration as a topic as racism....
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

                            Comment

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