Early deposit release S21?

scrummy_mummy_2

I've had tenants try this one...if you have protected it, tell her you cannot unprotect it until the tenancy ceases, laws of the scheme, and that you then have 14 days to repay it to her...out of your hands!...you'd love to help, however, you have to comply with the tenancy protection terms and conditions at the end of the tenancy, the same as what was required at its inception.

fumken

tbs624 wrote: »

my emphasis. Have you actually provided the Tenant with the Scheme' s "prescribed information", as required by law? Simply emailing, for example, " your deposit is with DPS" is not sufficient.

You don't say what sort of difficulties you have had with this T, but have her rent payments been on time throughout her tenancy? Is she up to date with payment now?

Thanks I am ever so sorry it has taken this long to respond. I am overwhelmed with this and other challenges- health, son doing A levels to name a few and not too good with knowing how to flag up the threads that follow.
Yes, I did all the right things with the deposit and problems include not ever paying on time, lying that she has not been paid, she had not allowed me access in to my house but from the outside I can see how she has started ruining it. She now owes me almost 3 months in rent.
I have served S21 and followed up through LLAction, but now have the option of S8.
Thanks.

clutton_2

what did you pay LLA for ? will they issue a S8 with no more fees to pay ?

if she is in receipt of housing benefit (local housing allowance) you can now apply to the council to have it paid directly to you as she is more than 8 weeks in arrears ....

fumken

Thanks Clutton,
I paid for S21. They collected about £150 first and then another £650 on the 7th to proceed to get a court order through their lawyers. They had a standard bit stating that if it becomes prolonged following going to court I will have to pay more. Although, today over the phone, the lady said it was unlikely. The only thing they will do is get her out.

However she now owes over £3000 and they say I should try and do that from the small claims court. The Homelet people say they can help go through S8 and I will get a judgement against the guarrantor for my money.
I have contacted the council and they are processing it. I am pleased to say I spoke to an empathetic staff today who said she is going through the same thing and went ahead to get confirmation to suspend her payments (smile).
So I will soon start getting paid directly.
I do not know whether I should leave it with LLA or start S8 afresh so that I can get my arreas back??? Her mother is her guarrantor and very very nasty. I emailed her to let her know the situation and all she said was "duly noted".
Thanks.

clutton_2

focus on one thing at a time... get the court order, (preferably a S8) get the bailiffs in, get her out..

then go for the guarantor in the small claims court - sue her for both unpaid rent, all court fees (inclusive of LLA fees) and any breaches of tenancy and damages....... she did sign a Deed of Guarantee did she ?

guarantors never think they will have to pay up.... you do have an address for guarantor i assume ?

ManicMum

Don't give back deposit early! Could she have saved this up herself through better money management? Lots of us have had to save for deposits, denied ourselves things to accumulate funds. Then others whine they don't have funds when they've just been crap with money. I accept that if you are on benefits, this may be harder to do. If you give her the money, I bet she will still leave the place in a mess as people like this have no respect for others.

fumken

Yes, I ensured that she has a guarantor. Re: deposit, no I will not give her. I now know she would not have moved even if I had given her as she stopped paying once I served her and now has twice her deposit in had. Thanks a lot. I will go for the S8. I am pleased to say the LLA's solicitor has also suggested that I should go for S8 and she is yet to issue S21. So I will ask Homelet to do it. If it fails, then I will go for S21.