Ending a periodic tenancy with unprotected deposit

[simonwknight]

Hi All,

I have tenant who has been living with me for 6 months under an AST periodic agreement.
I am now moving out of my flat and wish to get in a much better and cleaner tenant who will also pay more.

I believe I cannot give anything less than 2 months notice - but I didn't put the deposit into a deposit protection scheme - It is almost definite that I will give back the full deposit - but I am concerned that the tenant will want proof of a protection scheme and therefore state that I am in breach and will have ground to stay in the property....

Is it a problem - or should I set up the deposit protection now!????

Many thanks, Simon

[theartfullodger]

You need to return deposit before any s21 would be valid.

Tenant may also sue you for up to 3x deposit any time in the 6 years since you should have protected it.

You will be aware s21 does not end tenancy nor require tenant to leave.

Cheers!

[mariner]

Too late for deposit protection, even if you protected it now, T would still have a claim for non-protection of 1-3x deposit. Also you cannot serve valid s21 for repo until after deposit returned.
Are you sure she is a tenant, or just a lodger if she is 'living with you'?
What were the terms of original Agreement? Any paperwork signed?

[Mrs Mug]

Do you and your tenant live in the same flat together?

Do you share the same kitchen, lounge, bathroom etc.?

[sdavies182]

I have a similar situation whereby the T wants to go on the Council House list but because her deposit was unprotected the Council are refusing to help her or at very best put her at the bottom of the list as they have deemed my 2 month notice as being invalid
She has been a good tenant and I would like to help. I have since returned her deposit and she has signed to say this has happened
What should my next step be so she can climb the waiting list ?
Would I have to issue a new AST then serve a section 21 meaning she would only be homeless ( and in need ) 6 months from now ?
The Council obviously will look for any loophole so she remains low priority
The relationship between L & T is good

[mariner]

sdavies182, please start your own thread to avoid confusion.

You only need to serve s21 and then seek legal repo order after 2 months.
Council will prob wait for Court action, but if T leaves voluntarily before Court or she is single with no dependent children, Council unlikely to help.
If she is a good T, why evict, let her remain until social housing is offerred?

[sdavies182]

Thanks
she wants to move nearer a better school for her daughter.
T is a working single mum

[theartfullodger]

As mariner wisely said...

sdavies182, please start your own thread to avoid confusion.
...