Can I terminate my tenant's tenancy early for having an unauthorised pet?

The_Real_Cheddar_Bob

wow this thread is still going, 40K+ views!

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Hillbilly1

Will the deposit be returned in a Bag for Life?

Guest101

higgledypiggledy_pop wrote: »

That is not right, my solicitor says that deposits are normally held until tenants vacate and the property is inspected. The purpose of the deposit is to be redeemed against any damages etc which one cannot properly assess until the end of the tenancy.

No your s.21 notice will be invalid until you return the deposit.

Guest101

higgledypiggledy_pop wrote: »

I HAVE made an effort, I have someone tracking down my good friend "Bill" because I have no intention of letting him get away with what he has done and I WILL get the deposit and my skimmed off 'taxes' back. In the interim I am scraping enough cash together to pay HMRC what is owed and to cover the deposit.

No you don't have anyone tracking down bill, that costs money, which apparently you don't have

Pyxis

Guest101 wrote: »

No your s.21 notice will be invalid until you return the deposit.

Could you give a reference for this, please?

How can a landlord return a deposit before the tenant has moved out? The deposit is supposed to cover any damage/missing items, which can't be evaluated while the tenant is still there.

I have had a search and can't find any reference to deposits being returned before a section!21 is issued.

In addition, if the deposit isn't in a deposit protection scheme, (or if a a gas certificate or energy performance certificate hasn't been issued) a section 21 notice can't be issued anyway. (Reference the Government website info on ASTs).

Guest101

Pyxis wrote: »

Could you give a reference for this, please? - If a deposit is not protected within 30 days of receipt, any s.21 notice will be invalid, unless the deposit is returned.

How can a landlord return a deposit before the tenant has moved out? - Cash, cheque, bank transfer? The deposit is supposed to cover any damage/missing items, which can't be evaluated while the tenant is still there. - indeed, but the LL forfeits their right to use the deposit to recover the costs and must resort to small claims court.

I have had a search and can't find any reference to deposits being returned before a section!21 is issued. - Search for 'eviction and deposit not protected'

In addition, if the deposit isn't in a deposit protection scheme, (or if a a gas certificate or energy performance certificate hasn't been issued) a section 21 notice can't be issued anyway. (Reference the Government website info on ASTs).

huh? so you are agreeing with me? - so confused.


note lack of an EPC or gas safety certificate does not invalidate a s.21.

Pyxis

Guest101 wrote: »

huh? so you are agreeing with me? - so confused.


note lack of an EPC or gas safety certificate does not invalidate a s.21.

Sorry, I thought you said that the deposit has to be returned to the tenant before a section 21 can be served?

Pyxis

Re the certificates, I had read this........(Government website).



There are certain circumstances in which the law says that you cannot seek possession against your tenant using section 21 of the Housing Act 1988, in which case you should not use this form.

These are:
(a) during the rst four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy – see section 21(4B) of the Housing Act 1988);

(b) where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;

(c) where the landlord has not provided the tenant with an energy performance certi cate, gas safety certi cate or the Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);

(d) where the landlord has not complied with the tenancy deposit protection legislation; or

(e) where a property requires a licence but is unlicensed.

Guest101

Pyxis wrote: »

Sorry, I thought you said that the deposit has to be returned to the tenant before a section 21 can be served?

In THIS case, yes, because it is not protected.

00ec25

Pyxis wrote: »

Sorry, I thought you said that the deposit has to be returned to the tenant before a section 21 can be served?

it appears you both know the law but are giving shortened answers to each other and so are talking at cross purposes

both of you know full well that where the deposit is NOT already protected a S21 cannot be served unless the deposit is returned, in full, before the S21 is issued.

for the avoidance of doubt: that means you can issue a S21 if you failed to protect the deposit in the first place, but only after you have repaid the deposit without making any deductions and obviously well before the tenant has actually moved out.

Therefore as LL you now have no deposit from which to make deductions and so would need to make a small claims court case for any damages etc that you regard the tenant as liable for. The court will then decide, patently neither the LL nor tenant can use the protection scheme for such a dispute.

As tenant once the deposit is returned to you in full the S21 can be served and will be valid. There is no defence against a S21 so you as tenant now know that your tenancy will end once the LL goes all the way through the court processes. The only possible further defence is if the tenant can prove to the court that the S21 is a "retaliation" for the tenant having reported repairing issues that remain unresolved. In that latter case the court would invalidate the S21 and the cycle can begin again but this time the argument will be about repairs.