letting agent deposit mistake

suesmiff

Hello,

I asked my letting agent to serve a s21 eviction to my tenant and it's come to light that they put the wrong address on the deposit cert which invalidates the cert and means the s21 is invalid.The agency has contacted the tenant and asked her to provide bank details to return the deposit to so we can start again but she has so far refused to do so.She is in touch with the council and housing associations who will advise her to do everything to stay as long as possible.

The tenancy [AST] ends in Jan19,can she just stay there for ever if she refuses to accept deposit back or does something change when her agreement ends?

She is still paying the rent which is good but I still want my house back.Anyone been in this situation?

parkrunner

How does she pay the rent?

csgohan4

Sue the Agent, their mistake, they should pay for it, your court costs at the minimum

AdrianC

csgohan4 wrote: »

Sue the Agent, their mistake, they should pay for it, your court costs at the minimum

Court costs for what? An s21 would simply be unenforceable.


OP - why do you want to end their tenancy? Is it one of the s8 mandatory grounds?

csgohan4

AdrianC wrote: »

Court costs for what? An s21 would simply be unenforceable.


OP - why do you want to end their tenancy? Is it one of the s8 mandatory grounds?

Costs for evicting the tenant if it goes to court, the fact the HA have told the tenant to stay as long as they can is evident they will do all they can do delay things.

The tenant could sue as deposit was not protected properly as well

agrinnall

csgohan4 wrote: »

Costs for evicting the tenant if it goes to court...

I don't see how those costs would be any different whether the S21 been valid in the first place or is valid when reissued now. There may indeed be other costs that can be claimed but not these.

suesmiff

Hi,

Thankyou all for your replies.

She pays via the estate agent,i presume it comes from her bank,but the agent says they can't refund without her telling them what account to refund to.The agent has been good about accepting responsibility for any fees etc,the problem is s21 just isn't possible and there are no grounds for s8.I just want to have the house back to sell and wondered what happens when the agreement ends next Jan.

G_M

1) the court might accept the S21 given that the deposit was protected, albeit an administrative error was made in the paperwork

2) If the court rejects th S21, or you decide not to wait to find out, send a cheque to the tenants for the deposit and re-issue the S21

3) use a S8 (if any of the grounds are applicable)

4) claim any additional costs you incur as a direct result of the error from the agent - but I'd wait till the tenancy has ended as you might continue to need their goodwill............

Comms69

suesmiff wrote: »

Hi,

Thankyou all for your replies.

She pays via the estate agent,i presume it comes from her bank,but the agent says they can't refund without her telling them what account to refund to.The agent has been good about accepting responsibility for any fees etc,the problem is s21 just isn't possible and there are no grounds for s8.I just want to have the house back to sell and wondered what happens when the agreement ends next Jan.

Surely you could just send a cheque / literally pay back in cash?

[Deleted User]

Send deposit back by cheque. Find out from LA exactly how they receive the rent i.e. cash, bank transfer whatever and hope there is some record of bank details somewhere.

It sounds like your LA have let you down in a number of ways. Ask for the sign up paperwork, if you don't already have it, check for bank details on there.

Tell the LA if they don't have any bank details at all, they will have to return the deposit in cash, and get a signed receipt. Lot more trouble for them but I don't see any other way. I'd make sure I was there if it was me to make sure a receipt was signed.

There is nothing to stop you issuing another S21 with the correct details on it as long as regulations were complied with https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

davidmcn

suesmiff wrote: »

they put the wrong address on the deposit cert which invalidates the cert and means the s21 is invalid.

Are you certain about this? Have you sought legal advice? How "wrong" is the address?