What happens after S21

[Carpman]

We had a tenant for a year, him and his wife split and he moved out into our buy to let. After a year they asked if they could swap over - that way she would get housing benefit. We agreed. But, the husband was happy to leave his deposit in the scheme for the (now) benefit of his wife. It is still in his name. I have never heard of a S213 notice before (Superstrike case) so this has never been served.

We now have a situation where the tenant has missed a month's rent. Will the fact that the deposit is in her husband's name cause problems. Ideally we would like to evict the tenant in the easiest way possible as we wish to have the property back to do up and sell. Can anyone advise me what is the best way of achieving this please.

We are not sure if this is a one off, the rent now is 14 days late but I expect that it is the start of a slippery slope. Particularly as she has now moved a rather unsavoury new partner in. Her two children also live there, they are about 14 and 12 I would think. Also £160 of the £725 monthly rental is covered by housing benefit and we receive this directly from the council.

[jpkeates]

Who has signed what tenancy agreements?

[Carpman]

We did a new tenancy agreement in her name when she moved in and this is the standard assured shorthold tenancy. She has now lived there 4 years so it has roller over into a statutory periodic one.

[theartfullodger]

There is no such thing as a standard AST....

When this new tenancy in her name started, what happened what happened to the deposit the husband had paid? Was it returned to him or did he agree (in writing) to give it to her as her deposit? Do I understand that there has been no protection of any deposit under the new tenancy & no PI served on her? If that is the case & there was a deposit for her tenancy then any s21will be invalid until returned to her (or used, with her agreement, against arrears).

Any rent arrears? Any s21 or s8 notices served on her ever??

How was his tenancy ended?? Did he give notice or did you get court order/bailiffs?

Is he living in another property you own?

[Carpman]

The husband agreed verbally for it just to remain where it was in the DPS official scheme for her benefit. That meant we didn't have to get it returned to him, he give it to her and her give it to us and put it back in DPS. So the deposit is protected, it is just in the wrong name. What is a PI?

No rent arrears until now. At present £468 and 14 days late. No S21 or S8 notices ever served. His tenancy was ended by agreement. Basically he said could he move out and his wife (ex now) move in instead. It was all done by agreement. Husband is a nice chap by the way.

Mainly we would like to have the house back as soon as we can even if she ends up owing us a bit. It needs updating etc and she would probably just trash it if we did it whilst she was there. Also there have been no rent rises by us in 6 years. It is currently £725 a month but the same properties there go for £850-900 a month now.

[theartfullodger]

So DPS records do not reflect current tenancy & tenant & her deposit?

[jpkeates]

The husband agreed verbally for it just to remain where it was in the DPS official scheme for her benefit. That meant we didn't have to get it returned to him, he give it to her and her give it to us and put it back in DPS. So the deposit is protected, it is just in the wrong name. What is a PI?

The deposit isn't protected in line with the DPS rules, which is a problem.
PI is the Prescribed Information that you should have given the tenant within 30 days of protecting their deposit.

[theartfullodger]

Does the tenancy agreement note that there is a deposit?

Think you need to return deposit - not sure to whom - before any valid s21 may be served.

[Carpman]

theartfullodger,

I don't think it is a good idea to return the deposit as we would never get it back again and she owed us rent. Maybe I can get the ex husband to confirm that the deposit is now hers. I can't believe that the deposit has to be in her name, surely it doesn't matter whose name it is in, it's still a deposit for the property isn't it and refundable to whoever paid it.

[theartfullodger]

Do you not care about being able to serve valid s21 then? Hard to evict without one.

[sunnyp]

Safest way would be to return the deposit as a credit towards unpaid rent, but you will need this in writing, I would get them both to sign the receipt that way deposit issue would be extinguished and you can carry on with a section 21.

[elniinio]

What reference, if any, does the current tenancy agreement with her make with regard to the deposit?

[Carpman]

Success. I have found the PI. Done in her name with ex as relevant party - he paid. Now what is best, is it s8 or s21 letter?

[theartfullodger]

Success. I have found the PI. Done in her name with ex as relevant party - he paid. Now what is best, is it s8 or s21 letter?

Great: Was that within 30 days of start of new tenancy??

I'm still not confident a cunning lawyer could have an s21 chucked out...

Both s21 & s8: No letter.

[Carpman]

Yes at start, when tenancy agreement completed.so do both s8 and d21 but what do you mean "no letter". Think I will pay for specialist eviction company to do it. I'm worried I may mess it up if I get it wrong.