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

Comms69

christian78 wrote: »

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.

Sorry I am going to come across like I'm nit picking - being born the England does not grant citizenship. Whilst I suspect they do have the right to rent; it's not a foolproof check.

Pixie5740

Wanderingpomm wrote: »

Protect the deposit immediately and then go to court for baliffs
It sounds like you didn’t get a full deposit anyway?
Was it listed as a deposit in the tenancy agreement?

Protecting the deposit now would not make a Section 21 valid or prevent the tenant from being able to sue the OP. The OP would need to return the deposit (minus any agreed deductions) before issuing a valid Section 21 and even then the tenant could sue for 1 to 3 times the value of the deposit on top of the return of any available deposit.

Pixie5740

OP when you say the tenant is 3-4 months in arrears to you mean 3-4 months of full rent is outstanding or 3-4 months of the £140 monthly shortfall?

Have you spoken with the tenant about the arrears? If so what is (s)he saying about them?

G_M

This is TERRIBLE advice and must be ignored

Wanderingpomm wrote: »

Protect the deposit immediately and then go to court for baliffs
It sounds like you didn’t get a full deposit anyway?

OP - Protecting the deposit late (now) will not make any subsequent S21 valid.
The only way to serve a valid S21 Notice now is after returning the deposit to the tenant, either in full, or less any agreed deductions.

So you could ask the tenant to agree to offset the rent arrears against the deposit. If they agree (get it in writing!) then you will be able to serve a vaid S21.

Much easier thought to serve a S8 Notice.

Bear in mind that whatever you now do, the tenant has the option to claim the penalty of up to 3 times the deposit from you. any time in the next 6 years.

Back to Wanderingpomm post above- what on earth is a 'full deposit'? I can only assume it is whatever is specified in the tenancy agreement, and the OP does not say whether this was received or not.

Balabalabala_and_Volare

S21 is the "safer" option, but does have a longer notice period.
S8 has a shorter notice period, but is subject to challenge by a belligerent tenant.

Of course, you could serve BOTH.

However, before serving the S21, you will have to evidence that a valid gas safety cert was provided at the start of the tenancy along with a current EPC, a copy of "How to Rent" booklet and that the tenancy deposit has been dealt with.

Sorry, but the only way to resolve the deposit issue is going to be by returning it, in full, the amount being that stated on the t/agg, and GET A RECEIPT! You could, in theory, get a written agreement from the tenant allowing you to offset the amount of the deposit against the arrears. As they don't seem inclined to even discuss those arrears, much less pay them, I'd probably say "good luck with that!". It may stick in your throat giving them more money when they already owe you so much, but if it helps get rid of them, it may be money well spent. Whatever you do with the deposit, they can still claim between 1 and 3 times the amount as a penalty. Resolving it before the commencement of any action may be used as mitigation to keep any award nearer the lower end of the scale.

christian78

Thanks.

It is 3-4 months worth of total rent at the moment and increasing by £140 pmonth. The tenant just claims they can’t afford to pay the difference or any arrears. Council are aware but they obvs won’t find alternative accommodation until a judge orders them to leave.

theartfullodger

christian78 wrote: »

Thanks.

It is 3-4 months worth of total rent at the moment and increasing by £140 pmonth. The tenant just claims they can’t afford to pay the difference or any arrears. Council are aware but they obvs won’t find alternative accommodation until a judge orders them to leave.

If someone is evicted for rent arrears and council are aware they are normally found "intentionally homeless" & not entitled to be rehoused. See -
http://england.shelter.org.uk/housing_advice/homelessness/rules/intentionally_homeless

silvercar

theartfullodger wrote: »

If someone is evicted for rent arrears and council are aware they are normally found "intentionally homeless" & not entitled to be rehoused. See -
http://england.shelter.org.uk/housing_advice/homelessness/rules/intentionally_homeless

The council should provide immediate emergency accommodation while they assess the status of homelessness.

theartfullodger

Agreed,.......
.

Crashy_Time

Comms69 wrote: »

And could there be other issues - gas safety? right to rent? EPC? Renting guide?

Doesn`t matter, right thinking people leave a property when they are asked to by the landlord, with proper notice given of course, gas safety breaches can lead to prison time, most landlords (even accidental) are aware and compliant IMO.