Deposit Unprotected - Claim in Court

G_M

you aquired the house. How?

SuperSaver123

I bought it. Initially jointly then bought out my ex's interest.

Comms69

SuperSaver123 wrote: »

I bought it. Initially jointly then bought out my ex's interest.

You were always a landlord then.

G_M

SuperSaver123 wrote: »

I bought it. Initially jointly then bought out my ex's interest.

You were always a landlord then.

So ground 1 b) does not apply to you.


Have you satisfied the requirements of ground 1 a)?

Wanderingpomm

If you really want them out, and the house has rooms you are going to live in why don’t you move into them while you go through the courts. It will make it far easier when the balifs come to kick them out. It may also lessen the risk of them smashing the place as retribution,

If they only rent a room and have no sole tenancy rights you can

SuperSaver123

I would have to get a HMO licence as it would make more than 5 people of 2 different households living in the same house. My broker told me HMO is not accepted for residential mortgage.

I also have 2 kids and would rather protect them from such an environment.

babyblade41

I have done a section 8 and although I put a deposit in a separate account it wasn't in one that was right for the rules... effectively not protected.
I had HB tenant and foolishly thought initially the deposit would recover rent arrears. (I'm an idiot)

Section 8 is a specific cause for evicting ie in my case rent arrears . It was relatively easy to do but for me costly.

I had to pay myself the initial deposit into an approved deposit protection scheme and then start the process .

Serve section 8 and went through PCOL . court hearing all arranged on line (they didn't turn up)
Court hearing went ahead anyway.
Eviction noticed served in this case 28 days... tenants don't move as HA tell them not to
Court bailiff applied for on line
Bailiff arranged about 5 weeks later

So section 8 isn't hard but everything must be correct ... Section 21 is no fault eviction but still have to have every form correct , even a spelling mistake will make it void .

The devil is in the detail...

Someone posted above on both sections and follow them to the letter and it is straightforward and section 8 is quicker as long as your tenant falls into one of the categories.

Comms69

babyblade41 wrote: »

I have done a section 8 and although I put a deposit in a separate account it wasn't in one that was right for the rules... effectively not protected. - Not just effectively, legally not protected.
I had HB tenant and foolishly thought initially the deposit would recover rent arrears. (I'm an idiot) - Yes

Section 8 is a specific cause for evicting ie in my case rent arrears . It was relatively easy to do but for me costly.

I had to pay myself the initial deposit into an approved deposit protection scheme and then start the process . - No you didn't. s.8 does not require deposit to be protected.

Serve section 8 and went through PCOL . court hearing all arranged on line (they didn't turn up)
Court hearing went ahead anyway.
Eviction noticed served in this case 28 days... tenants don't move as HA tell them not to
Court bailiff applied for on line
Bailiff arranged about 5 weeks later

So section 8 isn't hard but everything must be correct ... Section 21 is no fault eviction but still have to have every form correct , even a spelling mistake will make it void . - not necessarily.

The devil is in the detail...

Someone posted above on both sections and follow them to the letter and it is straightforward and section 8 is quicker as long as your tenant falls into one of the categories.

s.8 is also discretionary.


So had they bothered to turn up the judge may have decided not to grant possession (unless they were 2 or more months in arrears)

AdrianC

Comms69 wrote: »

s.8 is also discretionary.

Depends on which ground is being used.

There is no discretion, if grounds 1-8 are used and are demonstrated to be valid.

So had they bothered to turn up the judge may have decided not to grant possession (unless they were 2 or more months in arrears)

Yep, that's ground 8.

Comms69

AdrianC wrote: »

Depends on which ground is being used.

There is no discretion, if grounds 1-8 are used and are demonstrated to be valid.



Yep, that's ground 8.

Sorry I meant for rent arrears