Notice, Tenants

shoebp12

Hi im a landlord, this lady has been living in my property for 4-5 months now(6 months tenancy almost up). she has been an absolute nuisance, breaking tenancy agreements(the problem is definitely under s8 it was confirmed by the council), also not paying the difference of rent(shes on housing bnft). just want some advise on section 8 or even 21. i am going to return her deposit but my main query is how much does a section 8 cost if shes doesnt budge after the 2 weeks notice. advice on timescales, anyone gone through it.

Thanks

tim123456789

with only 6 weeks to wait before you can enforce it, just give her a S21 notice.

Provided that you have complied with the deposit rules it's mandatory and you will get the tenant out, a savvy tenant can delay a S8 for months

Werdnal

Why did you mention "I am going to return her deposit"? Have you failed to protect it?

If you have not protected within to 30 days required timescale, you must return (with written proof you did so), before (that is atleast a day before), you issue a valid S21 notice. If your tenant is still within the fixed term you can issue the S21 on any date, so long as it runs for the full 2 calendar months - no need to comply with tenancy period dates within the FT.

If you have protected the deposit and served the tenant the full prescribed information and T&Cs from the deposit scheme, you have no need to return it before you issue the S21.

If you feel you have sufficient ground to issue a Section 8, you can serve both notices to run concurrently, then you have the S21 in reserve if the tenant starts delaying the S8 process.

Yorkie1

Might be worth joining a landlords' association to ensure you get the notices correct and therefore minimise the risk of delay in evicting the tenant, particularly if she has been been a problem tenant in previous tenancies and might know the ins and outs of the system.

The joining fee is tax-deductible.

G_M

I'd 2nd the suggestion of serving a S8 and a S21.

as said, the deposit MUST have been registered in a scheme AND the 'Prescribed Information' probided to the tenant, both within 30 days of your receiving the deposit. If not
a) your S21 will be invalid AND
b) you can be charged 3 times the deposit in penalty

Out of interest, which S8 ground do you intend to use?

Werdnal

Is this the same tenant?

https://forums.moneysavingexpert.com/discussion/4437185=

shoebp12

hi ive not protected the deposit, i just took it off her, can i take the money she owes me off it and then return the difference. their was no paperwork given or on the tenancy agreement that they give me deposit.

so you would advise give the deposit back then issue s8/21, i was going to hold the deposit in case they wreck my house

thanks

thelem

If you haven't protected the deposit you should return it to her ASAP, otherwise she could sue you and you could end up paying three times the deposit to her as a penalty. It will also invalidate any S21s you issue.

If you haven't protected the deposit, have you complied with the rest of the very complex responsibilities of being a landlord? Such as gas safety checks?

tbs624

shoebp12 wrote: »

hi ive not protected the deposit, i just took it off her, can i take the money she owes me off it and then return the difference. their was no paperwork given or on the tenancy agreement that they give me deposit.

so you would advise give the deposit back then issue s8/21, i was going to hold the deposit in case they wreck my house

thanks

I don't condone the action of Ts who fail to meet their rent payments but you are complaining about your tenant not meeting obligations despite you as the LL having taken a tenancy deposit at the start of the tenancy and failing to deal with it as the law requires? Anything else you've omitted to do?

The T may well be able to prove that they gave you a tenancy deposit. As has already been mentioned by other respond posters, an unregistered tenancy deposit and/or a failure to provide the T with specific information relating to the deposit scheme means that (a) you cannot serve a valid s21 Notice and (b) your T can apply to court becuase of your failure and you get to pay costs plus a penalty to the T of between 1 and 3 times the deposit amount.

Have you given this T a written Rent Statement yet, retaining a copy for yourself? This should clearly set out rent due dates, amount due, rent actually paid, and the dates on which it was paid, with a clear statement of what is now outstanding? You have not said how much is owing or which S8 Ground you were hoping to use - be aware G10 and G11 are discretionary and that a G8 can be defeated if the T pays down some/all of the rent owed prior to any court hearing

It would seem that you are out of your depth and have failed to acquaint yourself with LL& T law. You may find it helpful to seek guidance from a more experienced LL at the local LL association and/or an experienced LL& T lawyer. Costs can be set down on your tax return

Fire_Fox

shoebp12 wrote: »

hi ive not protected the deposit, i just took it off her, can i take the money she owes me off it and then return the difference. their was no paperwork given or on the tenancy agreement that they give me deposit.

so you would advise give the deposit back then issue s8/21, i was going to hold the deposit in case they wreck my house

thanks

Return the deposit in full then serve a valid S21/ S8 notice. You have no legal right to touch the deposit because you failed to protect it. If they wreck your house you will need to take out a small claims action, you've made a pig's ear of this entire tenancy and are going to have to accept the consequences of your failure to act in a professional manner unfortunately.

As advised in post 4 join a landlord's association and start researching the legislation.

bob2

shoebp12 wrote: »

hi ive not protected the deposit, i just took it off her, can i take the money she owes me off it and then return the difference. their was no paperwork given or on the tenancy agreement that they give me deposit.

so you would advise give the deposit back then issue s8/21, i was going to hold the deposit in case they wreck my house

thanks

You were told, last year, when asking about a previous tenancy on this forum that you should be protecting deposits.

https://forums.moneysavingexpert.com/discussion/4224671

You appear to have ignored the advice.

Perhaps you should spend more time getting to grips with the obligations and responsibilities that come with being a landlord and a little less time choosing a fancy car?

shoebp12 wrote: »

Hi guys im after a nice car, i absolute adore the new facelift A5 diesel coupe but prices are near enough £30,000. what i want is a good runner has to be diesel, good looking, reliable and ideally 170bhp and above. any thoughts on the A5 2012 model also VW GTD 09 plus. and suggestions please reply(hatchback or coupe ideally) thanks

shoebp12 wrote: »

Hi guys, im interested in getting an audi a5 new shape or bmw 5 series new shape 10 plate onwards. im not all that clued up on cars but my only concern is the Rear Wheel Drive aspect of the BMW. People see them as a negative(struggle in snow, iffy when wet) any thoughts on them Thanks