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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33080
Experience:  Over 25 years experience in law
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We rent out a property but my ex husband did not register the

Resolved Question:

We rent out a property but my ex husband did not register the deposit. He now says I can have the house, but the tenant doesn't want to leave and has been advised that section 21 can be worthless if the deposit wasn't registered in the first month. She "needs" to be evicted to get social housing as she lives in London and cannot afford the going rate for rentals. I live in a rented property with two children, and the rent the tenant pays doesn't cover the mortgage. I want to sell the house and buy my own house. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
have you done anything with the deposit?
Customer: replied 2 years ago.

Not as yet. It was paid to my husband and I was on maternity leave at the time so wasn't in a position finically to pay the £1000 myself. I was planning to start a new tenancy agreement and deposit it at that time, but that would requires the tenants agreement. Should I register it now?

Expert:  Thomas Judge replied 2 years ago.
Hi, As you clearly know, No notice to terminate the tenancy can be given under Section 21 of the Housing Act if the initial requirement as to protection of deposit has not been met. It is no longer possible to rectify this after the deadline for doing so, which leaves you with no option but to return the deposit to the tenant before taking steps to recover possession under Section 21. You can of course if you are needing to move back into the property seek possession under s.8. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.

I have no problem whatsoever with returning the deposit before serving section 21 as she has been a good tenant and is highly unlikely to do purposeful damage now. Are you saying that if we return the deposit we can serve section 21? I'll look into s.8., but actually I don't want to move back to London, I want to sell.

Expert:  Thomas Judge replied 2 years ago.
I see - there is a good argument that by returning the deposit in full Section 215(2A) would bite and Section 215(1) would not take effect. I hope that helps. Please rate
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