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How can I evict my tenant in rent arrears when I didn’t protect deposit

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Comments

  • christian78
    christian78 Posts: 9 Forumite
    Yes it was listed as a deposit and is referred to as such on payment from council.

    If this whole affair means the net owed to me ends up being nothing (approx £2k currently) then that’s my own fault partly. Although just refusing to pay rent or part thereof is down right wrong.

    I just need to get a successful eviction as the arrears climbs by £140 pmonth.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I would get your income tax sorted after you get possession of your home again too.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Wanderingpomm wrote: »
    So you suggest that they just get to stay without paying rent?
    The LL can either return the ‘part’ deposit they received or protect it.



    He's suggesting you do some research on the topic; I concur
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    christian78 wrote: »
    Without doubt I’ve made some obvious errors so I understand it won’t be simple. I’m an accidental landlord if u can call it that. - No you cant. You didn't accidentally trip up and agree a tenancy. Was unable to sell due to depressed market at the time and didn’t do my homework regarding protecting the deposit. - Irrelevant

    Thanks for advice theartfullodger. Just to be clear. Is it worth also using s21 with deposit issues. Or would s8 on it’s own suffice?? Also what did you mean by “repair issues”??



    s.21 is invalid. Forget about it.


    s.8 will suffice.


    repair issues - all properties has repair issues.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    christian78 wrote: »
    Yes it was listed as a deposit and is referred to as such on payment from council.

    If this whole affair means the net owed to me ends up being nothing (approx £2k currently) then that’s my own fault partly. Although just refusing to pay rent or part thereof is down right wrong. - so is not protecting the deposit....

    I just need to get a successful eviction as the arrears climbs by £140 pmonth.



    There's little point in badmouthing the tenant if you've failed to behave as a good landlord.
  • christian78
    christian78 Posts: 9 Forumite
    True. I admit I have fell short in not protecting deposit properly.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    christian78 wrote: »
    True. I admit I have fell short in not protecting deposit properly.



    And could there be other issues - gas safety? right to rent? EPC? Renting guide?
  • christian78
    christian78 Posts: 9 Forumite
    I have provided all of those already.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    christian78 wrote: »
    I have provided all of those already.



    Sorry just to clarify; because you might be feeling deflated or simply annoyed.


    The right to rent isn't something you provide, it's a check you do.


    Don't take it the wrong way; I don't care either way - but if you haven't done these things, there are potential penalties involved.


    And it may be that a different solution ends up being cheaper.
  • christian78
    christian78 Posts: 9 Forumite
    No I appreciate all the advice as chastening as it is.

    The check is done. Tenant born and lived in England whole life so no issue there.
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