Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the deposit is now protected?
The depsoit has always been protected though the tenant is referring to the Court case where a fixed term tenancy became periodic and the agents did not send out the prescribed information then the judge deemed the deposit to not be insured, the case was "superstrike". In this case the deposit has always been insured and when the tenancy came up for renewal a new contract and prescribed information was sent out though never returned by the tenant, so after chasing this paperwork for a few month we then wrote to the tenant explaining the tenancy had beome periodic and provided another copy of the prescribed information.
Alex Watts : Ok. If it's all in order now I would not be concerned. As for repairs etc unless the tenant asked for them during the tenancy or even if they did they were not necessarily needed.
Alex Watts : Only really if the property was in poor state could the tenant take action and indeed the tenant ought to have raised this earlier.
Alex Watts : tenants usually try and get free money and if this a claim without any merit it will get thrown out.
Alex Watts : Really the tenant would need a surveyors report detailing dilapidations and I assume this has not been done
no, just a report on the boiler that was replaced in a little over two weeks in the summer though they had hot water by way of an immersion
Alex Watts : Even if it went to court it would be a small claim so if you lost you would just pay what the judge ordered plus the fixed court fees to hear the claim.
Alex Watts : If they had not water your obligations are fulfilled.
Alex Watts : Can I clarify anything for you about this today please?
yes, the section 21 that has been issued expires tommorow they claim it is invalid due to the deposit scenario, what is the best way forward if they do not leave to regain possesion and rent arreas. Sect 8 and normal poesseion Procedure N5
Alex Watts : Yes section 8 and normal possession procedure N5
Alex Watts : any norice would be invalid if the depsoit is not protected. If it is then it is not an issue.
Alex Watts : This is just blackmail.
Alex Watts : Does that help?
Great thanks so basically assertain if they are leaving or not then act accordingly
Alex Watts : Yes indeed.
Alex Watts : I hope that helps.