Possession Order

jack2uk

Hi, Thanks again for the advice, i will have to consider next step. It does not state anywhere in AST that any "Deposit or extra Months rent was paid" could i say that the £120 was for paying of utility bills? because i have always paid these and never recovered all these costs from the Tennant, a large proportion of his outstanding arrears is due to Gas & Electricity bills eg he owes approx £500 for these bills that are not in his name, i always pay the gas/elec on a quarterly basis. Surely i would be entitled for payment for these and use the £120 for this purpose?.
The AST states that the rent doesn't include utility bills.
Thank you.

Wickedkitten

If the court decides that it is a deposit and you were just trying to get around putting it into a scheme, this could go very badly for you and you could up not only with a massive fine for failing to secure it,but also have you pay your tenant three times the amount .

jack2uk wrote: »

Hi, Thanks again for the advice, i will have to consider next step. It does not state anywhere in AST that any "Deposit or extra Months rent was paid" could i say that the £120 was for paying of utility bills? because i have always paid these and never recovered all these costs from the Tennant, a large proportion of his outstanding arrears is due to Gas & Electricity bills eg he owes approx £500 for these bills that are not in his name, i always pay the gas/elec on a quarterly basis. Surely i would be entitled for payment for these and use the £120 for this purpose?.
The AST states that the rent doesn't include utility bills.
Thank you.

I'm pretty sure you can't retrospectively say the £120 was for utility bills if he actually paid the money before even running up any. Also, why aren't the bills inhis name and why are you still paying them?

jack2uk

The property now has Pre payment meters so he has to pay the Gas/ Elec now. He only has 1 room in the house, the other rooms are now empty, i just want him evicted so that the house can be renovated.
I'm just a bit confused now what's best to do, some of you say to cancel the possession order and start again because you dont think i have a valid argument for the 2 months rent when he moved in.
If i start again, is it not too late to protect the deposit in a new scheme?
would i then have to re-issue the S21 and wait 2 months? or could i just proceed with the S8 that i already issued a few months ago, or re-issue a new S8 by recorded post and then wait for 2 weeks?
Please advice, thank you.

PaulLuke

Morning,

Firstly you can protect a deposit at any time. Secondly I've noticed you refer to your tenant using one room. Was this a tenancy of an entire house or of individual rooms?

If individual rooms and you were not living there did you comply with the rules concerning homes in multiple occupancy?

Yorkie1

The more you tell us about the set-up you have with the tenant, the more complicated it becomes.

I strongly advise that you join one of the national LLs associations and get advice from them after they have looked at all the paperwork. We have only a partial picture, which gets added to all the time as often happens on forums, and run the risk of inadvertently suggesting courses of action on an incomplete basis.

The association joining fee is tax deductible.