Hello Leanne, please can I have more detail on this. So far the proceedings haven't been issued as the Tenancy expires on 30th June, so not free to issue a claim until 1st July.
1. If the deposit remains unprotected, will this stop my mother from getting possession of the property? Or are the 2 claims unrelated?
2. If the Tenant is aware of this, and the agent wrote to them advising them, and issues a claim for an unprotected deposit, what penalties will the court impose on the Landlord?
3.Can this be issued as a counter claim to the possession preceedings, and delay the possession procedure?
Not sure I follow your answer to point 2 above. Can the court refuse to order possession even if the tenant is behind with payment of the rent?
This cannot be fair in any way, esp. as she has a mortgage on the house to pay.
sorry to have to come back again. This case is a complete mess and I feel the agent has not advised my mum at all well.
If the deposit is unprotected can she go for possession on Ground 8 i.e. arrears of rent? Otherwise it seems v unfair a tenant can stay without paying rent.
Also another complication. Mum owns the property in her sole name but the name of the landlord on the tenancy agreement is her former partner who acted as her agent in granting the tenancy, ad the rent paid to him as she owed him money. His name was also on the Section 21 Notice which accompanied the Ten agt.
Partner now lives abroad and there's litltle contact between them. Will this cause a problem with the possession?
Happy to make a further donation if you can answer this.