Deposit and Section 8 / Section 21

benjus

I prepared a Rent Statement and sent it out to Alison... I've given her until the end of this week to produce the money or evidence that she is progressing with a HB claim.

While I was creating the rent statement I realised that the rental arrears started at the final payment of the previous tenancy agreement which was still in their joint names - so I assume this means I can legitimately withhold the deposit on the basis of rent arrears (the deposit is actually slightly less than 1 month's rent).

Quick timeline to help understand the sequence of events:

2 Feb - final rent installment of 2012/13 Tenancy Agreement (in Dave and Alison's joint names) due

19 Feb - Dave moves out; last 12 days of Tenancy Agreement transferred to Alison's sole name via Deed

03 Mar - New 2013/14 Tenancy Agreement in Alison's sole name comes into force; first rent installment due

04 Apr - Second rent installment due

Any thoughts? The Deed does indemnify Dave against "all payments and obligations arising from the Tenancy Agreement after the date of Assignment", but the rent installment from Feb 3rd was of course due before the date of assignment.

BitterAndTwisted

In which case Dave loses his deposit and you treat that as a separate issue to the tenancy that Alison has with you.

On Friday you issue the Section 8 Notice and send it by first-class post retaining proof-of-posting. Or deliver it by hand and have a reliable witness with you, who can confirm later that it was indeed served.

benjus

BitterAndTwisted wrote: »

In which case Dave loses his deposit and you treat that as a separate issue to the tenancy that Alison has with you.

On Friday you issue the Section 8 Notice and send it by first-class post retaining proof-of-posting. Or deliver it by hand and have a reliable witness with you, who can confirm later that it was indeed served.

Thanks - that's going to relieve the financial pressure a little, at least.

I've contacted the solicitor I used when I bought the property in the first place - I might just get them to serve the notice to avoid any potential mistakes.

thesaint

I will say it again. FORGET ABOUT THE DEPOSIT that you took for Dave and Alison's tenancy. It has nothing to do with your current tenancy with Alison.

You have a new tenancy with Alison. You cannot count rent unpaid for any date prior to the start date of the tenancy with "Alison".

What does your tenancy agreement state about the posting of notices?

benjus

thesaint wrote: »

I will say it again. FORGET ABOUT THE DEPOSIT that you took for Dave and Alison's tenancy. It has nothing to do with your current tenancy with Alison.

You have a new tenancy with Alison. You cannot count rent unpaid for any date prior to the start date of the tenancy with "Alison".

What does your tenancy agreement state about the posting of notices?

Sorry, but what do you mean by "forget about the deposit"? I clearly have 2 issues here, one being the deposit and the other being Alison's rent arrears, and I need solutions to both of them. If I have a legitimate claim against the deposit in Dave's name in respect of rent arrears under the previous Tenancy Agreement while Dave was a tenant, why shouldn't I take advantage of this?

In terms of posting notices:

notice shall be sufficiently served if sent by registered post or recorded delivery (as long as the letter is not returned undelivered) to the Tenant at the Property or the last known address for the Tenant