Section 21 - don't have a protected deposit

G_M

johnjameson wrote: »

...
they advised me to register with DPS - they are free
he didn't see any problem in registering the deposit late
given the circumstances - i.e. the tenant not being a problem with paying rent + they actually need to be evicted (as advised by the council in a written letter sent to me)... then he was of the opinion that this would be the best option

i told him that everywhere else i had sought after advice for, i was advised that other had strictly said that you *cannot* register a deposit - this is not valid
he seemed to brush this aside (not arrogantly) and said he saw no problem

any thoughts?

Ask him if he is familiar with the Localism Act 2011 section 184.

It is as clear as... well, the sky today!

Sorry ....

* I know I'm not a qualified solicitor
* I accept that he is
* I know I do not work professionally in the field of property law
*I accept that he does apparantly "work in the area and has expertise'

but he is ignorant andgiving you poor, and erroneous, advice.

Whether you believe me (and others here) or him, is of course up to you!

t0rt0ise

I hope you keep us informed on what happens to the tenant as I'm interested. Councils are now supposed to assist people on *threat* of becoming homeless rather than actually waiting until they are about to actually be thrown out. It would be interesting to see what sort of game the council actually play. One option the council could pursue is to find her a private rental outside the area (ie outside London) and if she doesn't take it, their obligation is finished.

johnjameson

@g_m: i returned the deposit (cheque) yesterday and got her to sign a letter confirming receipt. i'm just about to email a copy of this to her with a photocopy of the cheque

i'll send a Section 21 in the post (tomorrow - can't do today) + email her the same

@t0rt0ise: it's a weird one. don't want to go into a long story, but i was trying to talk to her about returning the deposit... she gave me a long story how the council had told her that she must be evicted AND that they had 3 bedroom properties ready for her to move into - only repeating what she told me

sounds crazy. she's a nice person and has 3 kids. i wouldn't like to see her stuck in a bedsit or have to go somewhere remote

i'll post back with an update of how things turn out