can i take unpaid rent from tenants deposit?

hellzbellz84

been having grief with my tenants and they have 8 days to pay their rent otherwise i will be serving a section 8 to them.

my question is that my rent guarantee insurance kicks in after the tenant has failed to pay after 30 days. so once i serve the section 8 can i take the missed rent that i wont have received last month from their deposit?

thanks in advance.... xxx

Guest101

Short answer is yes you can. But is it in a DPS????

hellzbellz84

Yes it is, i go through a letting agency and they have it in a DPS. will i have to wait for them to be evicted before i can get my rent back from it?

how long do they have to leave the property once i serve a section 8?

thanks

xxx

Werdnal

hellzbellz84 wrote: »

how long do they have to leave the property once i serve a section 8?

Depends on the court issuing the Possession order after the S8 expires. There is no set "have to leave" day - once the notice expires, you apply to court to evict them.

If your notice only uses rent arrears grounds, and they pay up before the court date, your notice fails ...

If the S8 notice is successful, arrears can be awarded to you by the court, so no need to take from the deposit, which you may yet need to cover other costs.

You cannot take anything from the deposit until the tenancy ends and tenants have left, as DPS will not released it until then.

PS, just read your other recent thread which I assume is about the same tenant and rent issues. Please note that if she is starting down the disrepair route - mould, damp, electrical safety etc, she can use this to defend your Section 8 notice. You may yet have a much longer battle on your hands here ...