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How can I evict my tenant in rent arrears when I didn’t protect deposit
Comments
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Those things do matter because without them a Section 21 would be invalid even if the OP returns the deposit first.
Right thinking people do not make themselves homeless just because a landlord has served notice. It is notoriously difficult for people reliant on housing benefit to find landlords willing to accept them as tenants and that's just the ones who are not in arrears. Would you make yourself homeless to accommodate a landlord if you couldn't find somewhere else to go? Sometimes hanging on until the council help is the best choice people have.
In the OP's case the tenant is not only reliant on housing benefit but it also in arrears. That tenant is not going anywhere until the council steps in and the council is unlikely to step in until at least a possession order has been granted.
Maybe the tenant needs to get a job and stop relying on housing benefit?0 -
There’s no legal notice in this country which ‘asks a tenant to leave’-
So what are you talking about now?
What is the point of the "Two months notice" that most people understand and abide by then? I know people can hang on in a property without paying rent, but the downside for them is that their pool of future landlords has just shrunk by 95% after pulling a stunt like that.0 -
Crashy_Time wrote: »What is the point of the "Two months notice" that most people understand and abide by then? - you mean a s.21 notice. That is notice that the landlord intends to ask the court to end the tenancy. Nowhere on there does it ask the tenant to leave. There are only two ways to end a tenancy, the tenant gives notice, or a court grants possession. I know people can hang on in a property without paying rent - what has rent got to do with it? , but the downside for them is that their pool of future landlords has just shrunk by 95% after pulling a stunt like that.
perhaps do some research...0 -
Crashy_Time wrote: »Maybe the tenant needs to get a job and stop relying on housing benefit?
yep, all day long.0 -
Crashy_Time wrote: »What is the point of the "Two months notice" that most people understand and abide by then? I know people can hang on in a property without paying rent, but the downside for them is that their pool of future landlords has just shrunk by 95% after pulling a stunt like that.
we'll have to be careful crashy, that's 3x now that i agree with you.0 -
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bobbymotors wrote: »we'll have to be careful crashy, that's 3x now that i agree with you.
:rotfl: Yes, scary.0 -
No need to be personal. I've worked in property for well over a decade, but on the sales side. I have zero experience of lettings (except for helping a friend from America find a place to rent, and of course he paid his rent - in fact, he paid it all in advance).
I just think it is wrong that a tenant can not provide a full deposit, and then not pay rent, but be entitled to compensation. I would say the law needs changing.
They are two separate issues.
1. The tenant doesn't pay full rent. Landlord claims for possession.
2. Landlord doesn't protect deposit. Tenant claims penalty.
Both are mutually exclusive.
Of course, the landlord could have refused to let to this tenant when only a partial deposit was paid... that was a big alarm bell!0 -
Crashy_Time wrote: »Most of my tenancies I just told the landlord I was leaving on such and such a date, and left, is that illegal?
It's not illegal, as in it's not a crime.
But had the landlord wanted to he could've continued to charge you rent.0 -
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