Can I enter the property?

[savannahcat]

Hi,

My tenant moved in around eighteen months ago on an assured short hold tenancy, the tenancy came to an end and she has continued to remain in the property without any of us drawing up a new tenancy. She has been late with her rental payments for months but has never been more than a three weeks in arrears and has always paid after some excuses and me saying that I would start notice proceedings, she refused to vacate the property saying that she knows her rights and that I would need to take her to court. Her behavior has started to concern me and I am unsure what cause of action to take, I can't serve her with a section 21 because I did not put her deposit in to the government scheme although I have now registered and aim to rectify the situation. I am worried that she will take me to court if she realizes this should have been done.The actions that I am considering are

1, mutually agree to terminate the statutory periodic tenancy refund her deposit get her to sign to say she has received it and that she is happy to terminate her tenancy with immediate affect., and then at the same time sign a new tenancy 12 month with six month break clause, put her deposit into scheme provide her with all the legal stuff then if she continues to pay late I would then be able to apply for a section 21 to break the lease and take back possession at the six month break clause.
My question is if she signs to terminate the tenancy and I refund her deposit would this release me from being taken to court for not putting it in the scheme because I have already refunded it. Also will the new tenancy be classed as a complete new tenancy and override any previous tenancy agreement, I read somewhere that the law changed for tenancy's created after the 15th of October 2015, but because she has been on a statutory periodic previously does this mean that she will have rights to the law before 2015 even if she has signed a new tenancy?

If I comply with all the correct procedures on the new tenancy can she still object to a section 21 because I previously did not put her deposit into a scheme although when I take her deposit again for the new tenancy this will go straight in to the scheme.

Is it okay not to give any notice period to terminate the statutory periodic tenancy if we both agree and sign to say that it has been terminated.

This renting stuff is a nightmare nothing is straightforward very stressed out, and yes I am inexperienced I did not plan to be a landlord I just needed to rent my home out to pay for university. I plan to move back in twelve months time. Thank you in advance to anyone who can help me make sense of things.

[jpkeates]

First of all, you and the tenant can agree pretty much anything between you, and provided you both agree it, it's likely to be fine.
So, if you both agree to end the tenancy, you can do that with an agreement called a deed of surrender.

The problems arise when you want to do something and the tenant doesn't agree.

You can't make the tenant sign a new tenancy agreement unless they want to.

The tenant can sue you for not protecting the deposit at any point over the next 6 years.

You can't serve a s21 notice unless you return the deposit (or, as you suggest, start a new agreement, protect the deposit, and then serve notice), but that will take months and the tenant would be mad to agree.

[thesaint]

DO NOT protect the deposit.
Next time she is late, ask her if she wants to use the deposit for the rental payment, and pay as normal next month. If she agrees, put the proposal in writing, and get her to sign if she gives her agreement.

You are then free to serve a Sec 21 if required.

[savannahcat]

jpkeates,

Thanks for the reply. The tenant would like a new tenancy so I don't think that I will have an issue with her signing a new tenancy. Where will I find a deed of surrender and will this release me from the statutory periodic tenancy agreement? I understand that I would have to wait four months before I could serve a s21 to come in to affect at the six month break clause?

[savannahcat]

thesaint,

Thank you for the reply. She has asked for a new contract, would I be better to stay on the statutory periodic one then if I was going to do this. I suppose I don't gain anything if she can sue me for up to six years for not protecting her deposit by protecting it now if I want to serve section 21 in the future but can get her permission to use her deposit for the rent payment.

[thesaint]

I would not offer a tenant a new tenancy that doesn't pay on time, and says they "know their rights", but that's just me.

[savannahcat]

I understand what you mean, I am worried that she will take me to court because of the deposit scheme but in reality she could decide to do this anyway. If I continue on the statutory periodic tenancy I can't serve her section 21 because of deposit scheme so I feel trapped as what to do for the best. I am out of options.

[thesaint]

See post #3


The rules regarding Sec 21's have changed significantly since your tenant moved in. There are a lot more requirements that you would have to meet if you were to agree a new tenancy agreement.

[savannahcat]

Can tenant refuse to have deposit back

I have been advised legally to refund my tenant her deposit in full as I did not put it in the tenancy deposit scheme, so that I can then serve a section 21 due to being consistently late with her rent and making changes to the property without my consent. She is currently on a statutory periodic tenancy as her fixed term come to an end some time ago.My question is what are my options if the tenant refuses to sign for the deposit. I don't have her bank details to refund her so I can't just pay it in to her account. She says that she wants a new tenancy and does not want to leave and will take me to court if I serve her notice. I have a feeling she will refuse to take the deposit back unless she has been evicted.

[emwithme]

Send her a cheque. That is payment in itself, even if she chooses not to cash it.

[thesaint]

There was no reason to start a new thread:

http://www.landlordzone.co.uk/forums...deposit-scheme

[mariner]

T can still take you to Court for nom-protection up to 6yr + 30 days from date you received deposit, whether you sign new AST, repay or T agrees to use it for rent owing & will win +1-3x amount as Penalty

[savannahcat]

Registering a deposit on deposit scheme.

Hi,

could somebody please advise if I have not previously registered my tenants deposit at the outset of the tenancy, the tenancy has ended and is now on a rolling statutory periodic when I am registering the deposit do I register the start date as the date after the tenancy ended and became a statutory periodic tenancy or do I use the original start date? also when it says date deposit received should this be the original date at the start of the tenancy or the date the tenancy became statutory? I am confused because of the ruling that when the tenancy becomes statutory periodic it is classed as a new tenancy.

[amazondean]

The best thing you can do is give the deposit back to the tenant and hope they don't sue you. You will not be able to issue a section 21 in the future if you don't, and the tenant can still sue you regardless of weather you protect it now or not. They have 6 years from when they gave you the deposit

You have already been advised to do this in your last two posts!

[Moderator2]

Three related threads have been merged.

savannahat, please keep related information / questions to one thread, this is the preference here rather than a new thread for each individual question.