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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Took on a tenant in 2014 - the security deposit was £480 she

Customer Question

took on a tenant in 2014 - the security deposit was £480 she only paid £320 - £160 short ..
I section section 21 claiming i wanted house back to sell.
Her solicitor counterclaimed because I had not put into a deposit scheme,
I said I did not put in a deposit scheme because she had not paid full amount therefore not fullfilled her contract.
She is claiming 480x3
She says that she paid the full amount. I only gave her a reciept for what she gave me.
The judge ruled it must go to court to decide
Can I now issue a section 8 ahead of the hearing regarding section 21 just in case I lose
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Why did you not put the £320 into the deposit scheme please?
Customer: replied 9 months ago.
Because i was waiting for the full amount and to able to set the deposit up as one transaction.
Also she fell behind with her rent after the fisrt month
Expert:  Ash replied 9 months ago.
If the tenant is late with the rent by more than 8 weeks or 2 months then NO you can't issue a Section 8. You are not permitted by law to take any step to evict whilst the deposit is not protected. If you protect now what the tenant has paid then and only then can you issue a section 8 notice.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
seems a bit odd - the tenant is more than two months in arrears and i cant issue a section 8 - i thought section 8 was for non paymnet of rent
Expert:  Ash replied 9 months ago.
No. Because you cant take ANY step (which includes a S.8) to evict without the deposit being protected. If you had protected the £320 you would have been ok. But you did not and therefore your S.8 notice will be invalid.I am sorry, but does that clarify?Alex
Customer: replied 9 months ago.
understand that now thanks.1.i have been asked to file and serve a reply to the defendants defence and counterclaim . do i send to her solicoitr and the court2. i have been asked to file and serve witness statements including standard disclosure - what is the latter please
Expert:  Ash replied 9 months ago.
Defence - You send it to both. You dont need to worry about disclosure yet, because this is disclosure of documents within your control that either support or undermine your claim. Unless the Court has ordered it you dont need to do this just yet.Does that help?Alex
Customer: replied 9 months ago.
Thanks - is there a case law which states that the full amount of deposit should be paid ?Where would it state the if only partial deposit is paid the landlord must protect that ?
Expert:  Ash replied 9 months ago.
Sadly because the new rules are recent there is no case law one way or another. However a Judge is likely to have a discretion when it comes to x3 the amount.In terms of partial deposit, I think it would be very hard to convince a Judge, if say someone is £1 short on a deposit it shouldnt be protected. I think you should have protected what you did have and then when you received further sums, protected those.Can I clarify anything else?Alex
Customer: replied 9 months ago.
the section 21 which i was trying evict the tenant could and is now possably be worthless.In my reply to the court and counterclaim against the counterclaim would i be able to claim possesion ? and could i claim for the rent she is not paying and had not for 4 months
Expert:  Ash replied 9 months ago.
No. You can't take ANY step to evict UNLESS the deposit is protected. You MUST MUST MUST protect the deposit now to take any step whatsoever.Does that clarify?Alex
Customer: replied 9 months ago.
so ok im going to protect the deposit .then issue a section 8 for non payment.
if now i have protected the deposit - in response to the court action can i counterclaim for the rent as the defendant is claiming 3x deposit - (the court action is still live under the intial section 21 request)
Expert:  Ash replied 9 months ago.
Yes once you do the deposit then you can serve a S.8 and counter claim for rent arrearsDoes that help?Alex

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