Advice needed re problem tenant

Lilhobo

I'd appreciate any help or advice you could all give me. I appreciate ignorance is no defence and therefore I hold my hands up to having partially got myself into this situation but I'm doing everything I can in order to sort it out and I can only ask that any advice is constructive as I'm feeling pretty fragile over the whole thing. It's a long story and I will answer any pertinent questions, I just need some advice over a few points that I have not been able to search for online.

My husband and I rented out the property that had been our family home in 2009. We moved into larger rented accomodation and have subsequently purchased our own home that we now live in. We rented it out to a chap and his young son via a local letting agency, they referenced him etc, he was in receipt of full housing benefit. He requested that he pay the deposit in instalments alongside the tenancy as he didn't have the full money upfront. The letting agency said they had received good references etc so we agreed to this. It has subsequently been made apparent that he didn't even make payments totalling half the amount.

In approx 2013 we came to the end of the line with the letting agency as they were delaying passing on rental payments etc to us with no real define able reason (HB payments came direct from the council due to missed payments earlier in the tenancy so no reason for late payment). There was a bit of a verbal tussle between my husband and I and the letting agency and they eventually admitted they owed us a sum of money due to incomplete payments etc being passed on. They passed on to us a sum of money and we took over management of the property ourselves.

This has passed fairly uneventfully, we have maintained the property, new windows, worked with the tenant to get a new boiler etc. It was noted by my husband that the tenant wasn't the best housekeeper and the place looked a bit grotty and when the tenant moved out would likely need a full paint and replacement of carpet job but otherwise things seemed ok.

We have recently heard on the grapevine that the tenant has been arrested for breaking and entering a property on the same street. The tenant has not mentioned this to us and has said he is currently living with his girlfriend elsewhere who is ill. We have told him this is not acceptable as this invalidates our insurance. It has become apparent that actually he is out on bail and is prevented as part of his bail conditions from returning to the area (and as a byproduct, the house). I have spoken to the police and although they couldn't tell me much they said he would not be returning to the house and I should give him 2 weeks notice to clear his stuff and then bin it. Advice I won't be taking!

The tenant then stopped answering our calls, I went up to the property and knocked on the property and went around the back (not on the property, just the back lane) and I noticed a window was smashed in a bedroom at the back. I eventually managed to make contact with the tenant later that day and he gave me permission to enter the property in order to secure it without him present (maintained he was with his girlfriend and couldn't leave). I entered the property and it was foul, like a squat, made the place secure after taking many photos and left.

So obviously we need to get the tenant to leave. A bit of research online and although he has broken the terms of his tenancy agreement many times over it seems a section 21 notice is likely to be our best bet. I see that in order for the s21 to be effective the deposit must be protected. I contacted the old letting agent where they inform me that part of the money they gave us back in 2013 included the deposit! So they firstly neglected to protect the deposit and now so have we.

We have nonetheless contacted the tenant and told him of our intention to regain possession of the property for sale, he seemed very amiable and said he'd get something sorted. I'm not wholly convinced though as I know there are other factors at play here, not least the likelihood that he is going to spend a bit of time at her majestys pleasure.

So from here: we do not have a protected deposit, can I protect it now and serve the s21 giving 2 months notice?
The sum of the deposit paid was £180, from reading the judge could potentially award 3x this amount to the tenant in a worst case scenario. If they did would we then be able to serve a s21 notice?
Or does the fact that the deposit hasn't been protected mean that basically it's a section 8 or nothing? I've read horror stories about the tenant contesting a section 8 and legal costs spiralling out of control.

Basically all we want is the property back so we can start on the huge clear up and refurb job that we have been left with. I'd be happy to give him the £180 back as a sweetener to leave, despite the fact that the property is uninhabitable thanks to him.

Thank you for any help and advice you can give.

lemontart

sounds like you need to get some legal advice on this, chances are you have grounds for witholding deposit for repairs from what you said, but defo get legal advise. Also if no actually living there could be breaching his claim for hb too

Pixie5740

I am fairly certain that if you want to issue a valid Section 21 notice then you'll need to either return the full deposit to the tenant or get the tenant to agree (in writing) that he is willing to forfeit the deposit in lieu of the damage done to the property. In either case he could still sue you for non protection of the deposit if he so desires.

Rather than a Section 21 what about agreeing a surrender of the property with the tenant? It might be the fastest option all round as the Section 21 notice does not end the tenancy, that can only be done by the tenant or a court. All a correctly issued Section 21 does is allow you to obtain an eviction notice from the court.

Lilhobo

I suppose we can return the deposit to the tenant, better that and be able to get a possession order at the end of the 2 months.

RAS

Pixie is correct.

If you want to issue a section 21 notice, you must return the deposit to the tenant. Only if he then returns it to you can you protect it.

If he is amenable to an early surrender (wants to continue staying with GF) then get this in writing with both signing. He can still sue you if he wants but at least you get the property back.

theartfullodger

Lilhobo wrote: »

I suppose we can return the deposit to the tenant, better that and be able to get a possession order at the end of the 2 months.

Nice idea but...

s21 (minimum 2 months notice) does not end tenancy nor require tenant to leave: Merely permits landlord on expiry to apply to court: Possession order probably 1-3 months later: Bailiffs probably 1-2 months later.

Next time do some training!

Lilhobo

Ok so if we returned the deposit to him then although he could theoretically sue for up to 3x the amount, we would be able to apply for a possession order at the end of the 2 month notice period and it would be granted?

Lilhobo

Ah right, just seen the above post, ok so I have my terms etc mixed up I think. Basically if the deposit were returned then the issue of not protecting it would be cancelled out and I could proceed, in the knowledge that although it would take time the possession order would eventually be granted?

RAS

S21 is no fault, so there is no defence. Assuming that the current tenancy is periodic? And that you get the paperwork right.

It could however take some weeks/months to get the court date and even then he could be given several weeks to remove himself. And if he does not, several more weeks to organise bailiffs. All of which costs not just lost rent but fees.

An early surrender would be to your advantage.

Lilhobo

As the rent is paid by the local council, should I be in contact with them? I assume (wrongly?) they would continue to pay the rent until he was removed?

Lilhobo

He may yet just leave the property, I just want to be prepared for all eventualities.