How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice.
Type Your Property Law Question Here...
Remus2004 is online now

Hi, I have been renting a property to a tenant for the past

Customer Question

I have been renting a property to a tenant for the past 18 months. I haven't entered into the TDS (tenancy deposit scheme).
I wish to evict the tenant due to constant late rental payments, sometimes in excess of two weeks.
Please can you tell me how I stand within the law?
Would you advise joining the TDS now? I do intend to dispute the amount of deposit he will be returned due to bank charges I have incurred by his late payments and his lack of care for the property.

Many thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

Are you using an AST ?
Customer: replied 3 years ago.

Sorry, I don't know what that is.

Expert:  Remus2004 replied 3 years ago.
An assured shorthold tenancy agreement?
Customer: replied 3 years ago.


It's one I bought from Smiths that both parties have signed but after numerous requests for him to pay his rent as agreed, I sent him a letter stating that his tenancy would be renewed on a month by month basis on the understanding that he would pay his rent on time, ie the 1st of each month. This was last July and he hasn't kept to the agreement and I can't afford to carry on like this.

Expert:  Remus2004 replied 3 years ago.
When should it have ended?
Customer: replied 3 years ago.

The STA was for 6 months but the monthly renewal was for 6 months on the understanding that he paid on time.

Expert:  Remus2004 replied 3 years ago.
Yes, so when did the AST signed end?
Customer: replied 3 years ago.

I've just checked and it's May 2011 - the original AST shows that he moved into the property in November 2010 and it was a 6 month short hold tenancy agreement.

Expert:  Remus2004 replied 3 years ago.
I'm really sorry but that's a huge problem I'm afraid.

The AST has ended. The effect of that is that you cannot now register the deposit with TDS unfortunately.

I'm very sorry but that means that you cannot lawfully serve a section 21 notice upon the tenant bringing to an end the periodic tenancy that he will now be upon.

There is also the issue that he has a claim against you for 3 times the sum of the deposit. That isn't really the primary problem though. Probably he would never get any more than the sum of the original deposit anyway and also from what you say the arrears are substantial and so there would be a large reduction.

The problem lies in the fact that you can not bring this tenancy to an end.

The government's intention was that there was to be no way around this for the defaulting landlord. However, landlords obviously have made mistakes and loopholes have been discovered. One way to bring the tenancy to an end is to return the deposit to the tenant in full and then serve a section 21 notice upon him.

I realise that is unattractive but it is the only way that this tenants can be removed and the other alternative is that you will be stuck with him for many years.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Remus2004



    Satisfied Customers:

    Over 5 years in practice.
< Last | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practise since 1985 with a wide general experience.